2013 HOUSE FINANCE AND TAXATION HB 1387
2013 HOUSE FINANCE AND TAXATION
HB 1387
2013 HOUSE STANDING COMMITTEE MINUTES House Finance and Taxation Committee
Fort Totten Room State Capitol
HB 1387 January 29 2013
Job 17891
D Conference Committee
Explanation or reason for introduction of billresolution
A Bill relating to an increase in the tobacco products tax rate for cigarettes
Minutes
Chairman Belter Opened hearing on HB 1 387
Attached testimony 1 2 3 4 5 6 7 8 9 10 11
Representative Glassheim Introduced bil l See attached testimony and handouts 1 2 3 4 (ended 1 230)
Vice Chairman Headland Should we put a dol lar tax on a Big Mac The same argument that you made as to why we should do it for cigarettes could be used to a Big Mac one exception the public hasnt been exposed to the negative of a BigMac like tobacco
Representative Glassheim Some of it is a question of what the general public believes wouldnt have been here 20 years ago But we have seen in the polls elections cities 60 to 70 percent of the general believe that smoking is harmful Its not telling the people they cannot smoke its still there choice
Chairman Belter Is there any further for Mr Glassheim
Kimberly Schneider American Lung Association See attached testimony from Dr Eric Johnson Grand Forks and from Centers for Disease Control and Prevention 5 and 6 (ended 1 745)
Deb Cancer Center See attached testimony 7
Jeanne Prom North Dakota Center for Tobacco Prevention and Control Policy See attached testimony 8
Representative Froseth What is the amount of use in North Dakota today
Jeanne Prom The new inflow of individualsthe population is going up so the revenue has gone up also however studies have shown that per capita use is going down
House Finance and Taxation Committee HB 1387 January 29 2013 Page 2
Vice Chairman Headland Why dont we go to $5 per pack or something higher assume the greater we increase the tax the more l ikely the person would quit
Jeanne Prom I would like to work with you on that bill if you like
Chairman Belter Any further testimony in support to 1387 Any opposition to 1387
Bill Shalhoob Greater North Dakota Chamber Opposition to HB 1387 Taxes are taxes and social behavior is social behavior See attached testimony 9 I think that raising taxes will just encourage smokers to buy from another state where it is lower it just taking money from NO retai lers
Chairman Belter Further testimony in opposition to 1 387
Mike Rud N orth Dakota Retail Association and North Dakota Petroleum Marketers Association See attached testimony 1 0 Personal responsibility and personal choice need to rule on this (ended 2915)
Chairman Belter Further testimony in opposition to 1 387
Brad Barcus See attached testimony 1 1
Representative Kelsh There are a number of other bil ls out that are increasing the penalty for DUI speeding those too are done to provoke a change in behavior What makes those examples effective but not increasing the price of cigarettes
Brad Barcus I think the bigger thing there is that somebody is doing something illegal I am all for increasing the responsibility of the underage person who purchased the product
Chairman Belter Closed
middot
2013 HOUSE STANDING COMMITTEE MINUTES House Finance and Taxation Committee
Fort Totten Room State Capitol
HB 1387 January 30 2013
Job 18032
D Conference Committee
Explanation or reason for introduction of billresolution
A Bil l relating to an increase in the tobacco products tax rate for cigarettes and to provide an effective date
Minutes
Chairman Belter Opens HB 1387
Rep Headland Do Not Pass
Rep Dockter Second
Yes 12
No 1
Absent 1
Carried by Rep Froseth
BillResolution No HB 1 387
FISCAL NOTE Requested by Legislative Council
01212013
1 A State fiscal effect Identify the state fiscal effect and the fiscal effect on agency appropriations compared to funding I I d t r middot t d d t l eve s an appropna 10ns an tctpa e un er curren
2011-2013 Biennium
aw
2013-2015 Biennium
General Fund Other Funds General Fund Other Funds
Revenues $59068000
Expenditures
Appropriations
2015-2017 Biennium
General Fund Other Funds
1 B County city school district and township fiscal effect Identify the fiscal effect on the appropriate political subdivision
2011-2013 Biennium 2013middot2015 Biennium 2015middot2017 Biennium
Counties
Cities
School Districts
Townships
2 A Bill and fiscal impact summary Provide a brief summary of the measure including description of the provisions having fiscal impact (limited to 300 characters)
HB 1 387 raises the cigarette tax rate from $44 to $1 00 per package of 20 cigarettes
B Fiscal impact sections Identify and provide a brief description of the sections of the measure which have fiscal impact Include any assumptions and comments relevant to the analysis
3 State fiscal effect detail For information shown under state fiscal effect in 1A please
A Revenues Explain the revenue amounts Provide detail when appropriate for each revenue type and fund affected and any amounts included in the executive budget
If enacted HB 1 387 is expected to increase revenues in the state general fund by an estimated $59068 million in the 201 3- 1 5 biennium
B Expenditures Explain the expenditure amounts Provide detail when appropriate for each agency line item and fund affected and the number of FTE positions affected
C Appropriations Explain the appropriation amounts Provide detail when appropriate for each agency and fund affected Explain the relationship between the amounts shown for expenditures and appropriations Indicate whether the appropriation is also included in the executive budget or relates to a continuing appropriation
Name Kathryn L Strombeck
Agency Office of Tax Commissioner
Telephone 328-3402
Date Prepared 0 1 2820 1 3
Date I - 3 0 - I 3 Roll Call Vote ---- __ _
2013 HOUSE STAN DING COMMITTEE ROLL CALL VOTES
BILLRESOLUTION NO I 3 ] House Finance and Taxation
0 Check here for Conference Committee
Legislative Council Amendment Number
Committee
Action Taken 0 Do Pass Do Not Pass 0 Amended 0 Adopt Amendment
0 Rerefer to Appropriations 0 Reconsider
Motion Made By Seconded By
Representatives Ye No Representatives Chairman Wesley Belter _v Rep Scot Kelsh Vice Chairman Craig Headland z Rep Steve Zaiser Rep Matthew Klein v Rep Jessica Haak Rep David Drovdal v Rep Marie Strinden Rep Glen Froseth v Rep Mark Owens v Rep Patrick Hatlestad V Rep Wayne Trottier Rep Jason Dockter I Rep Jim Schmidt j
Yes Nv
- v v
Total (Yes) I d No _ ___ ________ _
Absent I Floor Assignment
If the vote is on an amendment briefly indicate intent
Com Standing Committee Report January 30 2013 456pm
Module ID h_stcomrep_17 _023 Carrier Froseth
REPORT OF STANDING COMMITTEE HB 1387 Finance and Taxation Committee (Rep Belter Chairman) recommends DO
NOT PASS (12 YEAS 1 NAYS 1 ABSENT AND NOT VOTING) HB 1387 was placed on the Eleventh order on the calendar
(1) DESK (3) COMMITIEE Page 1 h_stcomrep_1 7 _023
2013 TESTIMONY
HB 1387
Just to set the stage let me pass on what King James I said when he was first presented with tobacco in 1604 After smoking it he became sick and later wrote that tobacco was loathsome to the eye hateful to the nose harmful to the brain and dangerous to the lungs
The purpose of this bill is not to raise money It is to give an extra incentive to help
people quit smoking If enacted HB 1387would raise North Dakotas cigarette tax
by 56 cents from 44 cents a pack to $100 a pack That would increase the cost of
a pack by between 10 and 15 percent depending on the cost of the brand today
Nmih Dakota is one of three states which have not raised their tobacco tax since 1999 The average for all states is $148 a pack The average for all non-tobaccoshyproducing states is $161 a pack 45 states have cigarette taxes higher than Nmih Dakotas North Dakota lags well behind its bordering states South Dakota hardly a high tax state levies $153 per pack Minnesota $156 and Montana $170
Now how effective will increasing the cigarette tax be in reaching its goal to decrease smoking rates in North Dakota
A Dece1nber 1998 study of cigarette price elasticity by Credit Suisse First Boston Corporation concluded that conservatively cigarette consumption would decline by four percent for every 10 increase in price
A more recent study finds that each 10 price increase reduces youth smoking by 65 adult smoking by 2and total consumption by about 4oo
And reports from other states of actual declines in smoking following tax increases confirms that sturdy tax increases are effective in reducing smoking rates In 2009 Arkansas raised its tax by 56 cents to $115 within the first year after the tax increase sales of cigarettes declined by 27 In 2007 South Dakota raised its tax by $100 to $153 and experienced a 26 decline in sales In the same year Texas raised its tax a dollar to $141 and cut sales of cigarettes by 21 oo
I have three reasons for wanting to help people quit smoking one is personal one is humanitarian and the third is economic First the personal I tried to quit three times but lapsed each time Ill never forget how angry I was at myself for being controlled by a powerful force It was only when I calculated how much I was spending a year on cigarettes and what I couldnt buy because of smoking that I was able to quit
Secondly I hate to see people many of whom are addicted suffer needlessly have years cut off their lives their family broken by emphysema heart disease cancer and early death And finally to my economic concern The 186 of North Dakotans who smoke are responsible for $24 7 million a year in health care expenditures That cost is passed on to the rest of us in the form of higher insurance premiums higher Medicaid costs and higher hospital uncollectables Reduction in the number of smokers means a reduction in health care premiums for the rest of us
A December 30 2010 Fargo Forum editorial summed up the case for raising taxes on cigarettes In concert with public smoking bans cessation programs and antishysmoking campaigns higher tobacco taxes are an important tool to persuade smokers to snuff out the habit--or better yet convince teens never to start
Research shows higher taxes pay public dividends A 10 increase in the real price of cigarettes will reduce adult smoking by 2 and cut teen smoking by
roughly 7 That would make a difference in North Dakota where tobacco use rates are high 22 of students in grade nine smoke Thats alarmingly high and greater than the percentage of adults which is 18
Make no mistake taxpayers pay for smokers Medicaid costs for smoking- related illnesses are estimated at $47 million a year Factor in lost productivity--$192 million a year--and all direct medical expenditures--$250 million a year-- and the cost of cigarettes adds up to roughly $700 a year per person
I said at the beginning that the purpose of this increase in cigarette taxes was not to raise revenues But it will bring in somewhere around $32 million next biennium As the bill stands now that money would simply go into the General Fund But I could see the money being targeted for instance it could help pay for Medicaid costs related to smoking or it could provide $4000 college scholarships to 4000 needy students or to high achieving students in STEM fields Or it could be split among North Dakota hospitals to help pay for uncompensated care losses especially in the west Should the committee have any interest in the bill I would cetiainly be open to an amendment targeting the increased funds to any purpose committee members thought appropriate
I hope the committee will add one more tool to help addicted people kick this habit and compensate the state for the large medical costs created by smoking
bull
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NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $100 C IGARETTE TAX INC REASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $10 48 per pack
Annual health care expenditures in North Dakota directly caused by tobacco use $247 million Smoking-caused state Medicaid program spending each year $47 million
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $3235 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase
Percent decrease in youth smoking 154
Kids in North Dakota kept from becoming addicted adult smokers 6300
Current adult smokers in the state who would quit 5200
Smoking-affected births avoided over next five years 900
North Dakota residents saved from premature smoking-caused death 3400
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $213 million
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 million
5-Year Medicaid program savings for the state $240000
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 million
122112 TFKI January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly d iminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products I t is important to consider a l l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $ 1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorglfacts issuesfact sheetslpoliciesltaxlus state local and httpllwwwacscanorgltobaccopolicv
For more on sources and calculations see httpwwwtobaccofreekidsorqresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Guam $300 No Marianas Islands $175
MAP O F STATE C IGARETTE TAX RATES
Average State Cigarette Tax $148 per Pack Average Cigarette Tax in Major Tobacco States 485 cents per Pack
Average Cigarette Tax in Non-Tobacco States $161 per Pack
0 HI $320 Puerto Rico $223 I
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate
since 1999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam
have cigarette tax rates of $100 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages listed above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The
major tobacco states with extensive tobacco farming and often cigarette manufacturing are NC KY VA SC TN amp GA Federal cigarette tax is $101 per pack Not shown are the special taxes or fees some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local governments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) New York City ($150) and Anchorage AK ($2206) The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $1047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn For more information on state cigarette taxes and the benefits from increasing them see
httpwwwtobaccofreekidsorgfacts issuesfact sheetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1400 I Street NW middot Suite 1200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
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From Dr Eric L Johnson MD Grand Forks ND
President
Tobacco Free North Dakota
Associate Professor
Department of Family and Community Medicine
UNDSMHS
Director lnterprofessional Education
UNDSMHS
Medical Director
Physician Assistant Program
UNDSMHS
Assistant Medical Director
Altru Diabetes Center
FMC-Aitru Health System
Assistant Medical Director
Valley Memorial Homes
Although Im unable to appear in person Id like to offer information regarding tobacco
specifically cigarette taxation and its specific relationship to reducing youth smoking I have
actively been involved in tobacco related issues since beginning my association with NDQuits
formerly known as the North Dakota Tobacco Quitline
We are fortunate to have up to date quality information to support this effort in reducing
smoking among youth in North Dakota Here is the current state of tobacco use among youth
in our state
Cigarette Use
bull 44 ever tried cigarette smoking (1)
bull 19 smoked cigarettes on at least 1 day during the 30 days before the survey
bull 8 smoked cigarettes on 20 or more days during the 30 days before the survey
bull 47 did not try to quit smoking cigarettes (2)
Other Tobacco Use
bull 14 used chewing tobacco snuff or dip on at least 1 day during the 30 days before the
survey
bull 13 smoked cigars cigarillos or little cigars on at least 1 day during the 30 days before the
survey
Any Tobacco Use
bull 28 smoked cigarettes smoked cigars cigarillos or little cigars or used chewing tobacco
snuff or dip on at least 1 day during the 30 days before the survey
The current data support 2 ways to reduce youth smoking One is instituting smoke free laws
North Dakota voters strongly supported this in the election in November 2012 passing North
Dakotas new smoke-free law by a margin of 2 to 1 with every county and legislative district
voting in favor so its pretty clear this is what the people of North Dakota wanted Although
these laws are primarily designed to reduce the infliction of injury on others from secondhand
smoke smoke-free laws do tend to reduce youth smoking
The other way to reduce youth smoking is to increase taxes per pack of cigarettes
In a newly published study in the prestigious American Journal of Public Health doubling the
price of cigarettes decreased youth smoking by 13 which was the most effective way to cut
smoking in this population Its also estimated that in total in the states that increased tobacco
taxes during the study period resulted in 220000 fewer youth smokers
Other established previously published studies showed other benefits from increasing tobacco
taxes
bull Every 10 percent increase in the real price of cigarettes reduces overall cigarette
consumption by approximately three to five percent reduces the number
of young-adult smokers by 35 percent and reduces the number of kids who smoke by
six or seven percent
bull Cigarette price and tax increases work even more effectively to reduce smoking among
males Blacks Hispanics and lower-income smokers
bull A cigarette tax increase that raises prices by ten percent will reduce smoking among
pregnant women by seven percent saving many newborns from suffering from
smoking-affected births and related health consequences
bull Many states note increase in access to quit services such as what North Dakota has with
NDQuits when tobacco taxes increase Wisconsin and Iowa have notable data in this
area- for example Wisconsin went from about 9000 calls a month to 20000 in a month
after a new cigarette tax In Washington the number of smokers decreased by 100000
after their tobacco tax increase
Now I think many would say that North Dakota doesnt need another taxation revenue stream
and we are fortunate in North Dakota in that regard As well the people of North Dakota have
historically supported tobacco prevention funding- for example the well-known so called
Measure 3 of 2008 Currently North Dakota ranks very low in tobacco tax- we are ranked
46th with a state tax of 44 cents per pack The highest tobacco tax state is New York at $435
per pack The overall average is $128 Some may say that tobacco taxes pay for themselves
with health care but its estimated that each pack of cigarettes generates about $10 in health
care costs
Tobacco use itself remains a very expensive problem for North Dakota with an estimated $247
million spent annually on the treatment of tobacco related diseases Cutting down youth
smoking as well as smoking in other groups as noted has the potential to reduce these costs in
the future
Thank you for your time today and I would be happy to answer any other questions regarding
this or other tobacco related diseases or prevention My contact information can be provided
upon request References are provided as well
httpwwwtobaccofreekidsorgresearchfactsheetspdf0097pdf
httpwww n d health gov tobaccoFacts htm
httpwwwtobaccofreekidsorgresearchfactsheetspdf0146pdf
httpwwwcdcgovhealthyyouthyrbspdftobaccond tobacco combopdf
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use
(J amp bull Centers for Disease Control and Prevention ImiddotJj lldraquoA COC 247 Soving Lives Protecting Peopler-
Tobacco Control State Highlights 2012
Abstract
bull Highlights 2012 Abstract bull Highlights 2012 Cby section)
(tobaccodata statisticsstate datastate highlights2012sectionsindexhtm)
bull Highlights 2012 Buttons (tobaccobuttonsstate highlightsindexhtm)
bull Highlights 2012 Download
Page 1 of3 (
(tobaccodata statisticsstate datastate highlights2012zip fileshighlightszip) (Zip-163 MB)
bull Highlights 2012 Factsheet (tobaccodata statisticsstate datastate highlights2012pdfsfactsheetpdf) (PDF-so KB)
bull STATE System Interactive Maps (tobaccodata statisticsstate datastate highlights2012statesystemindexhtm)
Tobacco Control State Highlights 2012
Tobacco use is the single most preventable cause of death in the United States Each year in
the United States cigarette smoking and exposure to secondhand smoke causes 443000-or 1
in 5 deaths Economic losses are also staggering Smoking-caused diseases result in $96 billion
in health care costs annually
httnmiddotumm lrll anvtnhccnrlata statisticsstate datastate highlights2012indexhtm 1282013
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use Page 2 of3 V-
Some states have significantly improved the health of their citizens by reducing smoking rates
thereby decreasing smoking-related diseases deaths and health care costs Even in
economically challenging times states can make a significant difference in public health by
employing high-impact cost-effective tobacco control and prevention strategies as laid out in
the World Health Organizations MPOWER strategic package of interventions proven to
reduce tobacco use prevalence including
bull Monitor tobacco use and prevention policies bull Protect people from tobacco smoke bull Offer help to quit tobacco use bull Warn people about the dangers of tobacco bull Enforce bans on tobacco advertising promotion and sponsorship bull Raise state cigarette taxes on tobacco
Tobacco Control State Highlights 2012 guides states in developing and implementing highshy
impact strategies and assessing their performance This report also provides state-specific data
intended to-
1 Highlight how some states are making great strides in reducing smoking rates using evidence-based strategies while also showing that more work needs to be done in other states
2 Enable readers to see how their own states perform 3 Help policymakers with decision making
Post and share 2012 Tobacco Control State Highlights Buttons (tobaccobuttonsstate highlightsjindexhtm)
Interested in posting this syndicated content on your Web site
See the 1ist of Smoking and Tobacco Use syndicated pages Chttptoolscdcgovsyndicationpagesaspx
mediaCo11ectionld=s) find the page and select the Add to List link next to it
Related Archived Link I
bull Tobacco Control State Highlights 2010 (tobaccodata statisticsstate datastate highlights2010indexhtm) - --
htt I lnrnrm rJ anvtnhJrroclata statisticsstate datastate highlights20 12indexhtm 1282013
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use Page3 of3
Persons with disabilities who experience problems accessing the 2012 Tobacco Control
State Highlights should contact tobaccoinfocdcgov (mailtotobaccoinfocdcgov) or call1
-Soo-CDC-INFO (1-800-232-4636)
Page last reviewed January 24 2013 Page last updated January 24 2013 Content source Office on Smoking and Health National Center for Chronic Disease Prevention and Health Promotion
Centers for Disease Control and Prevention 1600 Clifton Rd Atlanta GA 30333 USA 8oo-CDC-INFO (800-232-4636) TTY (888) 232-6348- Contact CDC-INFO
11ttnwwwcdc 1mvtobaccodata statisticsstate datastate_ highlights2012indexhtm 12820 13
NORTH DAKOTA
Monitor
Adult Current CigaretteSmokeless Tobacco Use
In North Dakota the percentage of adults (ages 18+)
who currently smoke cigarettes was 219 in 2011
Across all states and DC the prevalence of cigarette smoking among adults ranged from 118 to 290
North Dakota ranked 30 among the states
The percentage of adults who currently use smoke-less tobacco was 76 in 2011 Across all states and DC the prevalence ranged from 14 to 98 North Dakota ranked 49 among the states
Current Cigarette and Smokeless Tobacco Use among Adults by Demographic Characteristics
National (median)
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
Less than high school degree
High school degree
More than high school degree
18-24 years old
25-44 years old
45-64 years old
65+ years old
bull Cigarettes
0 10 20
bullbullbull Sample size lt50
ml Smokeless Tobacco
30 40 Percent
50 60 70 80
Source Behavioral Risk Factor Surveillance System 2011
300
NORTH DAKOTA Youth Current CigaretteSmokeless TobaccoCigar Use
In North Dakota the percentage of youth in grades 9-12
who currently smoke cigarettes was 194 in 20 11 The range across 44 states was 59 to 241 North Dakota ranked 34h among 44 states
The percentage of youth who currently use smokeless tobacco was 136 in 2011 The range across 40 states was 35 to 169 North Dakota ranked 36h among 40 states
The percentage of youth who currently smoke cigars was 135 in 201 1 The range across 37 states was 50 to 183 North Dakota ranked 17h among 37 states
The percentage of youth who currently use tobacco (ie cigarettes smokeless tobacco andor cigars) was 283 in 2011 The range across 36 states was 78 to 319 North Dakota ranked 30h among 36 states
Tobacco Use among High School Students by Demographic Characteristics
bull Cigarettes
National
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
9th grade
1Oth grade
11th grade
12th grade
IE Smokeless Tobacco bull Cigars
0 10 20 30 Percent
Cigarettes smokeless tobacco andor cigars Sample size lt100
301
liil Tobacco
40 50 60 70
Source Youth Risk Behavior Survey 2011
NORTH DAKOTA Past-Year Cigarette Initiation
In 2008-2009 of all North Dakota youth ages 12-17
who had never smoked 66 smoked a cigarette for the first time in the past year This ranked 37 in the nation with a range of 33-92 among the states
Of all young adults ages 18-25 who had never smoked 147 smoked a cigarette for the first time in 2008-
2009 This ranked 51 in the nation with a range of 42-147 among the states
Past-Year Cigarette Initiates among Persons Aged 12-25 by Age of First Use 2002-2009
ltfJ c Ql v Ql c
25
20
15
10
5
0
__ Total Initiates -11- Initiates aged 12-17 --+-- Initiates aged 1 8-25
2002-2003 2004-2005 2006-2007 2008-2009
Year Source National Survey on Drug Use and Health 2002-2009
302
NORTH DAKOTA
Protect
Adult Exposure to Secondhand Smoke
Among all adults the percentage who reported being exposed to secondhand smoke within the past 7 days was lower in North Dakota than
Exposure to Secondhand Smoke
in the nation overall In 2009-2010 overall exposure to secondhand smoke in North Dakota was 450 ranking 1 8 among the states
I I I I Overall Workplaces i Homes 1 Vehicles Public Places I I
450
Adults were exposed to secondhand smoke in various locations The table shows the percentage of North Dakota adults who reported any exposure as well as exposure in their home in a vehicle or in indoor or outdoor areas at work or public places in the past 7 days
c Ql
100
Secondhand Smoke Exposure and Opinions about Smoking
in the Workplace bull National bull North Dakota
80
60 Ql a
Adults Reporting Being
Exposed to Secondhand
Smoke (overall)
Adults Who Think
Smoking Should Never be
Allowed in the Workplace
Source National Adult Tobacco Survey 2009-2010
Opinions about Smoking in the Workplace
In 2009-2010 778 of adults in North Dakota thought that smoking should never be allowed in indoor workplaces ranking 30 among the states
303
180 81 150 324 Source National Adult Tobacco Survey 2009-201 0
Smoke-Free Home Rules
In 2009-2010 836 of adults in North Dakota reported that their homes had smoke-free home rules ranking 18 among the states The percentage of homes without smoke-free home rules with children living in them was 284 ranking 11 among the states
Smoke-Free Home Rules and Homes without Rules that have Children
c Ql v Ql a
100
bull National
SmokemiddotFree Home
Rules
bull North Dakota
Homes without Rules
that have Children
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA State Smoke-Free Policy
As ofJune 30 2012 North Dakota had a smokeshyfree law that prohibits smoking in indoor areas of workplaces but not restaurants or bars The state allowed communities to enact local smoke-free laws
Note See Appendix B for updated legislation rhar rakes effect afrer June 30 2012
Offer
Adults Who Made a Quit Attempt in the Last Year
During 2009-2010 552 of North Dakota adult smokers made a quit attempt in the past year ranking 22d among the states
National
Percentage of Smokers Attempting to Quit
WORSE
In North Dakota
552 of adults made a quit attempt
ranking 22d
Source National Adult Tobacco Survey 2009-2010
Quitline Utilization
In 2010 the North Dakota quidine received 7478
calls and 1 342 tobacco users (an estimated 12 of all tobacco users in the state) received telephone counseling cessation medications or both from the state qui dine
Smoke-Free Legislation
I I Local Laws Workplaces Restaurants l Bars Permitted
Yes
I I
No No Yes Designated Smoking Areas t Ventilated Smoking Areas
bull Allowed for nonshyhospitality workplaces
1 Prohibited ror nonshyhospitJiity workplaces
t No Restrictions Allowed smoking in venues that prohibit minors
Note Not all footnotes may be used Source STATE System June 2012
304
Medicaid Coverage for Counseling and Medications
In 2010 North Dakotas Medicaid program provided incomplete coverage through Medicaid for tobaccoshydependence treatment North Dakota provided full coverage for some nicotine replacement therapies full coverage for varenicline full coverage for bupropion and no coverage for counseling (individual or group)
Medicaid Coverage for Counseling and Medications
Comprehensive Coverage
No
I Counseling NRT
Ms (On
1e or 1 Varenicline Jl Bupropion (Individual
ore andor Group)
Yes Yes Yes No
Pregnant women only t Fee-for-service only
Available only via the quitline
Note Not all footnotes may be used Source Halpinet a 2011
NORTH DAKOTA
Warn
Tobacco Counter-Marketing Media Intensity
CDC Best Practices recommendations translate into an average quarterly exposure of 1200 general audience gross raring points (GRPs) and 800 youth target raring points (TRPs) in effective anti-tobacco media campaigns North Dakota had an average of 10356 general audience GRPs and 1436 youth TRPs per quarter in television advertising supporting tobacco control messages in 2010
Anti-Tobacco Media Campaign Intensity G RPs Per Quarter
National
Median
2427 GRPs
General Audience
WORSE
North Dakota
Average 10356
GRPs (101h)
Source CDCOSH
Anti-Tobacco Media Campaign Intensity T RPs Per Quarter
National
Median
3 97TRPs
Youth (12-17Years)
WORSE
North
Dakota Average 1436 TRPs (13h)
Source CDCOSH
305
Knowledge of the Dangers of Tobacco
In North Dakota 657 of adults thought that breathing smoke from other peoples cigarettes or other tobacco products is very harmful to ones health in 2009-2010 Additionally 832 thought that cigarette smoking is very addictive
Secondhand Smoke
National
Average
656
WORSE
In North Dakota 657 of adults thought
__ secondhand smoke is very harmful The range
across all states was 721 to 559 North
Dakota ranked 17h
among the states
Source National Adult Tobacco Survey 2009-2010
Addictiveness of Smoking
National
Average
854
WORSE
In North Dakota 832 of adults thought that
smoking is very addictive The range across all states was
905 to 806 North __ Dakota ranked 45h among the states
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA
Enforce
State Allows Local Advertising and Promotion Laws State Allows Local Laws
As ofJune 30 2012 North Dakota allowed local regulation of tobacco industry promotions tobacco product sampling and display of tobacco products in commercial establishments
Promotion t Sampling I Display
Yes Yes Yes Source STATE System June 2012
Over-the-Counter Retail Licensure
As of June 30 2012 North Dakota required all establishments selling cigarettes and smokeless tobacco products over-the-counter to be licensed Nationally 37
states required over-the-counter licensure for cigarettes 29 of which also have a requirement for smokeless tobacco with various renewal frequencies fees and penalties for violations
Over-the-Counter Licensure and Penalties
Over-the- Minimum I Renewal I Penalty to Licensure Counter License License Fee Required I Business Includes _ Rqired _ _ (amp Frequelcy) _ Sruo_kes Toacc
$1500
Yes Yes
bull Annually Note Not all footnotes may be used bull Class A Misdemeanor Fine or Imprisonment or both Source STATE System June 2012
306
NORTH DAKOTA
Raise
Amount of Tobacco Product Excise Tax
As of June 302012 the excise tax on cigarettes in North Dakora was $044 per pack ranking 46h among the states The tax on cigars was 28 of the wholesale purchase price per cigar and for little cigars the tax was 28 of the wholesale purchase price per pack of 20 The tax on chewing tobacco was $0 I 6 per ounce with snuff taxed at $060 per ounce
Amount of Cigarette Excise Tax
National
Median
$1339
WORSE
As of June 30 2012
North Dakota had a
$044 cigarette excise tax-ranking 461h
among the states The range across states was
$435 to $017 per pack
Source STATE System June 2012
307
Price Paid for Last Cigarettes Purchased
In North Dakota 656 of adult smokers bought their last cigarettes by the pack and 344 bought them by the carton in 2009-2010 The average price that North Dakota smokers reported paying for their last pack of cigarettes was $433 in 2009-201 0 the range among states was $798 to $404 The average price that North Dakota smokers reponed paying for their last carton of cigarettes was $3561 in 2009-2010 the range among 45
states with valid data was $6445 to $3046
CAMPAIGN ov ToBACco-fREE
Kirk-middot
bull
ancer Action jii
N EW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVI NGS FROM A $100 CIGARETTE TAX I N C REASE I N NORTH DAKOTA
Cu rrent state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $1 048 per pack
Annual health care expenditu res in North Dakota directly caused by tobacco use $247 m illion S mokin g-caused state Med icaid program spending each year $47 mi l l ion
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $325 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase Percent decrease in youth smoking 154
-- -- -------------------------------------
Kids in North Dakota kept from becoming addicted adult smokers 6300 ------------------ --------------------------------------------------------------------------------
Current adult smokers in the state who would quit 5200 -----------------------------------------------------------------
Smoking-affected births avoided over next five years 900 -- -- --------
North Dakota residents saved from premature smoking-caused death 3400 ----middot-------------------- ------------------------------------------- middot --
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000 ------------ -----------------------------------
5- Year health care cost savings from fewer smoking-affected pregnancies amp births $213 mil l ion f-------------------------------------------------------------------------------------------------------------------------5- Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 mil l ion r------------------------------------------------------------------------------------------------------5- Year Medicaid program savings for the state $240000 ------------------------------------------------------------------------------------------------------- -----------
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 mil l ion 122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly diminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new reven ues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider all aspects of state tax pol icy related to OTPs (incl uding the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category linked to the state cigarette tax rate on a per-package or pe r-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoliciesltaxlus state local and httpwwwacscanorqltobaccopolicv
For more on sources and calculations see httpllwwwtobaccofreekidsorgresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Explanations amp Notes
Health care costs l isted at the top of the page are from the US Centers for Disease Control and Prevention
Projections a re based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the higher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggling and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion httptobaccofreekidsorgresearchfactsh eetspdf0274pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate i ncrease All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are limited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also limited because small tax i ncreases are unl ikely to produce significant public health benefits
Ongoing reductions in state smoking rates wil l over time gradually erode state cigarette tax revenues (in the absence of any new rate increases) But those declines are more predictable and less volatile than many other state revenue sources such as state income tax or corporate tax revenues (which can drop sharply during recessions) In addition the smoking declines that reduce tobacco tax revenues will simultaneously produce much larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdf0357pdf
For more on sources and calculations see httplwww tobaccofreekidsorqresearchlfactsheetslpdf028 1pdf
Needed State Efforts to P rotect State Tobacco Tax Revenues
Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qual ifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on all tobacco products to block tax evasion and promote tax equity No
High-tech tax stamps to stop counterfeiting and other smuggling and tax evasion No
Retailers lose license if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
North Dakota Tobacco Prevention and Control Executive Comm ittee
Center for Tobacco Prevention and Control Policy 4023 State Street Suite 65 bull Bismarck N D 58503-0638
Phone 70 1 328 5 1 30 middot Fax 701 328 5 1 35 middot Tol l Free 1 877277 5090
Testimony House Bil l 1 387
1 0 00 am Jan uary 29 20 1 3 House F inance and Taxation Comm ittee
Good morning Chairman Belter and members of the House Finance and Tax Committee I am Jeanne Prom executive director of the N D Center for Tobacco Prevention and Control Policy
I ncreasing the tobacco tax sig nificantly wil l lead to a decrease in tobacco use in our state Tobacco use is the leading cause of preventable disease and death and the tol l of tobacco u se in North Dakota is hig h
bull An n ual health care costs in North Dakota directly caused by smoking $247 mil l ion bull Portion paid by the state Medicaid prog ram annually $47 mil l ion bull N u mber of North Dakota adu lts who will die from smoking this year 800 bull High school students who smoke 7 400 (1 94) bull Male hig h school students who use smokeless or spit tobacco 22 2 bull Kids u nder 1 8 who become new daily smokers each year 600
The North Dakota Tobacco Prevention and Control Advisory Committee in its plan Saving Lives - Saving Money North Dakota s Comprehensive State Plan to Prevent and Control Tobacco Use cal ls for a sig nificant increase in al l tobacco taxes - to $2pack - to keep kids from starting and prompt users to quit As you can see on the attachments North Dakotas tobacco tax is one of the lowest in the country at 44 centspack This tax hasnt been increased since 1 993 The low tax resu lts in inexpensive tobacco that is affordable to youth and populations with l imited incomes and high smoking rates High tobacco taxes work most effectively to cut use among lower-income smokers and young male smokeless tobacco users - two g roups that suffer disproportionately from the harms of tobacco use
Tobacco use and its health hazards are completely preventable Raising the tobacco tax to $2pack with a comparable tax amou nt on other tobacco products can be expected to
bull Decrease youth smoking by 24 bull Reduce the number of kids from becoming addicted adult smokers by 9 900 bull Reduce the n umber of adults in the state who smoke by 8 200 bull Save the state mil l ions of dol lars in smoking-related health care costs over j ust 5 years
Please consider H B 1 387 with amendments to i ncrease the tobacco tax to $2pack with a comparable tax increase on al l other tobacco products
Thank you for your time and consideration I am happy to respond to any questions
The To bacco i n N o rth Da kota Updated Dec 5 2012
The Tol l of Tobacco in North Dakota
High school students who 1 94 (7400)
smoke middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot
Male high school stuents who 222
S SrlkS r Pt
t
Kids (under 1 8) who become 600
-middot- -IY S- X
Kids exposed to secondhand 42000
smoke at home Packs of cigarettes bought or
1 9 m il l ion lt9 Y i
------ Xr
Adu lts in North Dakota who smoke
21 9 ( 1 1 6 600)
Due to changes in CDCs methodology the 20 1 1 adult smoking rate cannot be
compared to adult smoking data from previous years
US National Data (201 1 )
i- -ltl flin
rt
Male h igh school students who 1 28
use smokeless tobacco
- n9 1 g(
Deaths i n North Da kota from Sm oking
Adults who die each year from th
k 800
e1r own smo mg
Kids now under 1 8 and alive in North Dakota who will ultimately 1 1 000 die prematurely from smoking
Smoking kil ls more people than alcohol AIDS car crashes i l legal drugs murders and suiCides combined - and thousands more die from other tobacco-related
causes - such as fires caused by smoking (more than 1 000 deathsyear nationwidr d smokeless tobacco use
Sm oking-Caused Monetary Costs in North Dakota
Annual health care costs in North Dakota directly caused by$247 m i ll ion
ltn
Portion covered by the state $47 m il l ion
-ii P9--
Residents state amp federal tax burden from srnoking-caused $574 per house hold
V-nt Pn i_
t
r
Smoking-caused productivity $ 1 92 m i l l ion
losses in North Dakota
Amounts do not include health costs caused by exposure to secondhand smoke smoking-caused fires smokeless tobacco use or cigar and pipe smoking Tobacco vse also imposes additional costs such as workplace productivity losses and damage to property
Tobacco Industry I nflue nce in North Dakota
Annual tobacco industry marketing expenditures nationwide
$85 bil l ion
Estimated portion spent for North Dakota marketing each $257 m il l ion
year
Published research studies have found that kids are twice as sensitive to tobacco advertising than adults and are more l ikely to be influenced to smoke by cigarette marketing than by peer pressure One-third of underage experimentation with smoking is attributable to tobacco company advertising
View sources of information
More detailed fact sheets on tobaccos toll in each state are avai lable by emailing factsheetstobaccofreekids org
CAMPAIGN middot ov
ToBA((o-fRpoundpound K ick
Guam $300 No Marianas Islands $1 75
MAP OF STATE CIGARETTE TAX RATES
Average State Cigarette Tax $1 48 per Pack
Average Cigarette Tax in M ajor Tobacco States 485 cents per Pack
Average Cigarette Tax in N on-Tobacco States $1 61 per Pack
TX $1 41
gt
$320 Puerto Rico $223
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate since 1 999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $ 1 00 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or h igher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages l i sted above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The major tobacco states with extensive tobacco farming and often cigarette manufacturin g are NC KY VA SC TN amp GA Federal cigarette tax is $1 01 per pack Not shown are the special taxes or fee s some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local g overnments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) N ew York City ($1 50) and Anchorage AK ($2206) The U S Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $ 1 047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn
For m o re information on state cigarette taxes and the benefits from increasing them see httpwwwtobaccofreekidsorgfacts issuesfact s h eetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1 400 I Street NW middot Suite 1 200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekid sorg
State Tax
Alabama $0425 Alaska $200 Arizona $200 Arkansas $1 1 5 California $087 Colorado $084 Connecticut $340 Delaware $1 60 DC $250 Florida $1 339 Georgia $037 Hawai i $320 Idaho $057 I l l inois $1 98
Indiana $0995 Iowa $ 1 36 Kansas $079 Kentucky $060
STATE CIGARETTE EXCISE TAX RATES amp RANKINGS
Overal l All States Average $1 48 per pack
Major Tobacco States Average 485 cents per pack Other States Average $1 61 per pack
Rank State Tax Rank State
47th Louisiana $036 49th Oklahoma 1 1 th Maine $200 1 1 th Oregon 1 1 th Maryland $200 1 1 th Pennsylvania 30th Massachusetts $251 9th Rhode Island 33rd Michigan $200 1 1 th South Carolina 34th Minnesota $1 23 28th South Dakota 3rd Mississippi $068 37th Tennessee
2 1 st Missouri $0 1 7 5 1 st Texas 1 0th Montana $1 70 1 7th Utah 26th Nebraska $064 38th Vermont 48th Nevada $080 35th Virginia 4th New Hampshire $ 1 68 1 9th Washington
42nd New Jersey $270 6th West Virgin ia 1 6th New Mexico $1 66 20th Wisconsin
32nd New York $435 1 st Wyoming 25th North Carolina $045 45th Puerto Rico 36th North Dakota $044 46th G uam 40th Ohio $ 1 25 27th Northern Marianas
Tax stamp Includes 75cent health 1mpact fee
Tax Rank
$1 03 3 1 st $1 1 8 29th $1 60 2 1 st $350 2nd $057 42nd $ 1 53 23rd $062 39th $1 41 24th $1 70 1 7th $262 7th $0 30 50th
$3025 5th $055 44th $2 52 8th $060 40th $223 NA $300 NA $1 75 NA
Table shows al l cigarette tax rates in effect now Since 2002 47 states DC and several US territories have increased their cigarette tax rates more than 1 05 times The three states in bold type have not increased their cigarette tax since 1 999 or earlier Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $1 00 per pack or higher 14 states DC and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $4 00 per pack Tobacco states are KY VA NC SC GA and TN States average includes DC but not Puerto Rico other U S territories or local cigarette taxes The median tax rate is $1 34 per pack AK M l MN MS UT also have special taxes or fees on brands of manufacturers not participating in the state tobacco lawsuit settlements (NPMs)
The highest combined state-local tax rate is $585 in New York City with Chicago IL second at $566 per pack Other high state-local rates include Evanston IL at $548 and Anchorage AK at $4206 per pack For more on local cigarette taxes see httptobaccofreekids orgresearchfactsheetspdf0267 pdf
Federal cigarette tax is $1 01 per pack From the beginning of 1 998 through 2002 the m ajor cigarette companies increased the prices they charge by more than $1 25 per pack (but also instituted aggressive retail-level discounting for competitive pu rposes and to reduce related consumption declines) In January 2003 Philip Morris instituted a 65-cent per pack price cut for four of its major brands to replace its retail-level discounting and fight sales losses to discount brands and R J Reynolds followed suit In the last several years the major cigarette companies have increased their product prices by almost $ 1 00 per pack The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs total $1047 per pack sold and consumed in the US The average price for a pack of cigarettes nationwide is roughly $600 (including statewide sales taxes but not local cigarette or sales taxes other than NYCs $1 50 per pack cigarette tax) with considerable state-to-state differences because of d ifferent state tax rates and different manufacturer wholesaler and retailer pricing and discounting practices AK DE MT NH amp OR have no state retai l sales tax at al l OK has a state sales tax but does not apply it to cigarettes MN amp DC apply a per-pack sales tax at the wholesale level and AL GA amp MO (unl ike the rest of the states) do not apply their state sales tax to that portion of retai l cigarette prices that represents the states cigarette excise tax
Campaign for Tobacco-Free Kids December 13 2012 I Ann Boonn
For additional i nformation see the Cam paigns website at httplwwwtobaccofreekidsorgwhat we dostate localtaxes
Sources Orzechowski amp Walker Tax Burden on Tobacco 201 1 media reports state revenue department websites
middot Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change ih the actual excise tax rates just the way that the rates are listed
1 400 I Street NW - Suite 1 200 - Washington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
CAMPAIGN kJI TOigtAltpound0-fRpoundpound
K ick
NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $156 CIGARETTE TAX INCREASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $ 1 048 per pack
Annual health care expend itures in North Dakota directly caused by tobacco use $247 m ill ion Smoking-caused state Med icaid program spending each year $47 m il lion
New Annual Revenue from Increasing the Cigarette Tax Rate by $156 Per Pack $4109 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate I nc rease
Percent decrease in youth smoking 240 Kids in North Dakota kept from becoming addicted adult smokers 9900 Current adult smokers in the state who would quit 800 Smoking-affected births avoided over next five years 1 500 North Dakota residents saved from premature smoking-caused death 5400 5-Year health care cost savings from fewer smoking-caused lung cancer cases $1 26 million
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $333 mill ion
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $233 mill ion
5-Year Medicaid program savings for the state $380000 Long-term health care cost savings in the state from adult amp youth smoking declines $35066 mil l ion
122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years wi l l similarly diminish or el iminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider al l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $2 00 per pack cigarette tax the states new OTP tax rate should be at least 60 of the wholesale price with m inimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoiciesltaxlus state local and httpllwwwacscanorqltobaccopoicy
For m ore on sources and calculations see httpllwwwtobaccofreekidsorglresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer A ction Network Melissa Maitin-Shepard
Explanations amp Notes Health care costs l isted at the top of the page are from the US Centers for Disease Control and P revention
Projections are based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the h igher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggl ing and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion http 1tobaccofreekids orgresearchfactsheetspdf027 4 pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate increase All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are l imited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also l imited because small tax increases are unl ikely to produce significant public health benefits
Ongoing red uctions in state smoking rates will over time gradually erode state cigarette tax revenues (in the absence of any new rate i ncreases) But those declines are more predictable and less volatile than many other state revenue sources such as state i ncome tax or corporate tax revenues (which can drop sharply during recessions) I n addition the smoking declines that reduce tobacco tax revenues will sim ultaneously produce m uch larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdfl0357 pdf
For more on sources and calculations see httpllwww tobaccofreekidsorqlresearchlfactsheetspdf0281 pdf
Needed State Efforts to Protect State Tobacco Tax Revenues Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qualifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on al l tobacco products to block tax evasion and promote tax equity No
H ig h-tech tax stamps to stop counterfeiting and other smuggl ing and tax evasion No
Retailers lose l icense if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
Testimony of Bill Shalhoob
Greater North Dakota Chamber of Commerce HB 1 3 87
January 29 20 1 3
Greater North Dakota Chamber
Mr Chairman and members of the committee My name is Bill Shalhoob and I am here today representing the Greater North Dakota Chamber of Commerce the champions for business in North Dakota GNDC is working to build the strongest business environment possible through its more than 1 1 00 business members as well as partnerships and coalitions with local chambers of commerce from across the state GNDC also represents the National Association of
Manufacturers and works closely with the US Chamber of Commerce As a group we stand in opposition to HB 1d urge a do not pass from your committee on the bill
nn GNDC has a long history of opposing excise taxes which we believe are onerous and unfair
We have a difficult time understanding this bill and the tax increase from 1 7 mills to 45 mills a
1 65 raise according to our math proposed in it North Dakota certainly does not need the
additional revenue that might come from this tax increase Our focus in this session is on tax decreases not increases If we are trying to do social engineering that is to discourage the practice the tax code is a poor place to do it If the goal is to eliminate smoking introduce a bil l prohibiting the sale or use of tobacco products in the state As witnessed by our experience with Minnesota increasing their cigarette tax with a health fee all we do is drive sales to a lower priced location by passing this bil l We see no acceptable reason to enact this tax
Thank you for the opportunity to appear before you today in opposition to HB 1 3 87 I would be happy to answer any questions
Champions Business
PO Box 2639 P 701middot222-0929 Bismarck NO 58502 F 701-222-1611
wwwndcharnbercorn
w - -I --------
North Dakota Retai l Association NO Petroleum Marketers Association
North Dakota Propane Gas Association
---- LEG S LAT VE BU LLET N Testimony- HB 1387
January 29 2013- House Finance and Tax Committee
Chairman Belter and Members of the House Finance and Tax Committee
We know any type of tax tends to put the squeeze on consumer spending potentially strain
household budgets and curb retail sales Which is exactly why the North Dakota Petroleum
Marketers Association and its 400 members from across the state are asking you to vote
NO on HB 1387
Passage of HB 1387 will burden North Dakotas lower Income Earners Cigarette
excise taxes are regressive in nature B ased on data from the Center for
Disease Control roughly 30 of adults in North Dakota who earn less than
$ 15000 are smokers whereas only 160 of adults who earn $50000 or
more are smokers Raising taxes will further unfairly burden low-income
earners
Passage of HB 1387 will harm the retail sector as well
Increasing the excise tax could hurt legitimate retailers when
adult smokers shift purchases to other outlets such as the internet This
would negatively affect North Dakota s 1 300 retailers
Even more pressing is the fear Passage of HB 1387 could increase illegal cigarette trafficking
An excise tax increase could provide incentives for smuggling and other
contraband activities resulting in lost revenues According to the Bureau of
1 02 5 North 3rd Street bull PO Box 1 9 5 6 bull Bismarck NO 58502 bull 701 -223-3370 bull Fax 7 0 1 -223-5004 Web Address ndretailorg bull ndpetroleumorg bull ndpropaneorg
Alcohol Tobacco Firearms and Explosives cigarette smuggling has
turned into a lucrative business for criminals who trade cigarettes and other
tobacco products on the black market Nationally its estimated $5 billion in
tax revenue annually is lost on the black market
For all of these reasons NDPMA is asking for a NO vote on HB 1387
Thank you for your time and consideration
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote
2013 HOUSE STANDING COMMITTEE MINUTES House Finance and Taxation Committee
Fort Totten Room State Capitol
HB 1387 January 29 2013
Job 17891
D Conference Committee
Explanation or reason for introduction of billresolution
A Bill relating to an increase in the tobacco products tax rate for cigarettes
Minutes
Chairman Belter Opened hearing on HB 1 387
Attached testimony 1 2 3 4 5 6 7 8 9 10 11
Representative Glassheim Introduced bil l See attached testimony and handouts 1 2 3 4 (ended 1 230)
Vice Chairman Headland Should we put a dol lar tax on a Big Mac The same argument that you made as to why we should do it for cigarettes could be used to a Big Mac one exception the public hasnt been exposed to the negative of a BigMac like tobacco
Representative Glassheim Some of it is a question of what the general public believes wouldnt have been here 20 years ago But we have seen in the polls elections cities 60 to 70 percent of the general believe that smoking is harmful Its not telling the people they cannot smoke its still there choice
Chairman Belter Is there any further for Mr Glassheim
Kimberly Schneider American Lung Association See attached testimony from Dr Eric Johnson Grand Forks and from Centers for Disease Control and Prevention 5 and 6 (ended 1 745)
Deb Cancer Center See attached testimony 7
Jeanne Prom North Dakota Center for Tobacco Prevention and Control Policy See attached testimony 8
Representative Froseth What is the amount of use in North Dakota today
Jeanne Prom The new inflow of individualsthe population is going up so the revenue has gone up also however studies have shown that per capita use is going down
House Finance and Taxation Committee HB 1387 January 29 2013 Page 2
Vice Chairman Headland Why dont we go to $5 per pack or something higher assume the greater we increase the tax the more l ikely the person would quit
Jeanne Prom I would like to work with you on that bill if you like
Chairman Belter Any further testimony in support to 1387 Any opposition to 1387
Bill Shalhoob Greater North Dakota Chamber Opposition to HB 1387 Taxes are taxes and social behavior is social behavior See attached testimony 9 I think that raising taxes will just encourage smokers to buy from another state where it is lower it just taking money from NO retai lers
Chairman Belter Further testimony in opposition to 1 387
Mike Rud N orth Dakota Retail Association and North Dakota Petroleum Marketers Association See attached testimony 1 0 Personal responsibility and personal choice need to rule on this (ended 2915)
Chairman Belter Further testimony in opposition to 1 387
Brad Barcus See attached testimony 1 1
Representative Kelsh There are a number of other bil ls out that are increasing the penalty for DUI speeding those too are done to provoke a change in behavior What makes those examples effective but not increasing the price of cigarettes
Brad Barcus I think the bigger thing there is that somebody is doing something illegal I am all for increasing the responsibility of the underage person who purchased the product
Chairman Belter Closed
middot
2013 HOUSE STANDING COMMITTEE MINUTES House Finance and Taxation Committee
Fort Totten Room State Capitol
HB 1387 January 30 2013
Job 18032
D Conference Committee
Explanation or reason for introduction of billresolution
A Bil l relating to an increase in the tobacco products tax rate for cigarettes and to provide an effective date
Minutes
Chairman Belter Opens HB 1387
Rep Headland Do Not Pass
Rep Dockter Second
Yes 12
No 1
Absent 1
Carried by Rep Froseth
BillResolution No HB 1 387
FISCAL NOTE Requested by Legislative Council
01212013
1 A State fiscal effect Identify the state fiscal effect and the fiscal effect on agency appropriations compared to funding I I d t r middot t d d t l eve s an appropna 10ns an tctpa e un er curren
2011-2013 Biennium
aw
2013-2015 Biennium
General Fund Other Funds General Fund Other Funds
Revenues $59068000
Expenditures
Appropriations
2015-2017 Biennium
General Fund Other Funds
1 B County city school district and township fiscal effect Identify the fiscal effect on the appropriate political subdivision
2011-2013 Biennium 2013middot2015 Biennium 2015middot2017 Biennium
Counties
Cities
School Districts
Townships
2 A Bill and fiscal impact summary Provide a brief summary of the measure including description of the provisions having fiscal impact (limited to 300 characters)
HB 1 387 raises the cigarette tax rate from $44 to $1 00 per package of 20 cigarettes
B Fiscal impact sections Identify and provide a brief description of the sections of the measure which have fiscal impact Include any assumptions and comments relevant to the analysis
3 State fiscal effect detail For information shown under state fiscal effect in 1A please
A Revenues Explain the revenue amounts Provide detail when appropriate for each revenue type and fund affected and any amounts included in the executive budget
If enacted HB 1 387 is expected to increase revenues in the state general fund by an estimated $59068 million in the 201 3- 1 5 biennium
B Expenditures Explain the expenditure amounts Provide detail when appropriate for each agency line item and fund affected and the number of FTE positions affected
C Appropriations Explain the appropriation amounts Provide detail when appropriate for each agency and fund affected Explain the relationship between the amounts shown for expenditures and appropriations Indicate whether the appropriation is also included in the executive budget or relates to a continuing appropriation
Name Kathryn L Strombeck
Agency Office of Tax Commissioner
Telephone 328-3402
Date Prepared 0 1 2820 1 3
Date I - 3 0 - I 3 Roll Call Vote ---- __ _
2013 HOUSE STAN DING COMMITTEE ROLL CALL VOTES
BILLRESOLUTION NO I 3 ] House Finance and Taxation
0 Check here for Conference Committee
Legislative Council Amendment Number
Committee
Action Taken 0 Do Pass Do Not Pass 0 Amended 0 Adopt Amendment
0 Rerefer to Appropriations 0 Reconsider
Motion Made By Seconded By
Representatives Ye No Representatives Chairman Wesley Belter _v Rep Scot Kelsh Vice Chairman Craig Headland z Rep Steve Zaiser Rep Matthew Klein v Rep Jessica Haak Rep David Drovdal v Rep Marie Strinden Rep Glen Froseth v Rep Mark Owens v Rep Patrick Hatlestad V Rep Wayne Trottier Rep Jason Dockter I Rep Jim Schmidt j
Yes Nv
- v v
Total (Yes) I d No _ ___ ________ _
Absent I Floor Assignment
If the vote is on an amendment briefly indicate intent
Com Standing Committee Report January 30 2013 456pm
Module ID h_stcomrep_17 _023 Carrier Froseth
REPORT OF STANDING COMMITTEE HB 1387 Finance and Taxation Committee (Rep Belter Chairman) recommends DO
NOT PASS (12 YEAS 1 NAYS 1 ABSENT AND NOT VOTING) HB 1387 was placed on the Eleventh order on the calendar
(1) DESK (3) COMMITIEE Page 1 h_stcomrep_1 7 _023
2013 TESTIMONY
HB 1387
Just to set the stage let me pass on what King James I said when he was first presented with tobacco in 1604 After smoking it he became sick and later wrote that tobacco was loathsome to the eye hateful to the nose harmful to the brain and dangerous to the lungs
The purpose of this bill is not to raise money It is to give an extra incentive to help
people quit smoking If enacted HB 1387would raise North Dakotas cigarette tax
by 56 cents from 44 cents a pack to $100 a pack That would increase the cost of
a pack by between 10 and 15 percent depending on the cost of the brand today
Nmih Dakota is one of three states which have not raised their tobacco tax since 1999 The average for all states is $148 a pack The average for all non-tobaccoshyproducing states is $161 a pack 45 states have cigarette taxes higher than Nmih Dakotas North Dakota lags well behind its bordering states South Dakota hardly a high tax state levies $153 per pack Minnesota $156 and Montana $170
Now how effective will increasing the cigarette tax be in reaching its goal to decrease smoking rates in North Dakota
A Dece1nber 1998 study of cigarette price elasticity by Credit Suisse First Boston Corporation concluded that conservatively cigarette consumption would decline by four percent for every 10 increase in price
A more recent study finds that each 10 price increase reduces youth smoking by 65 adult smoking by 2and total consumption by about 4oo
And reports from other states of actual declines in smoking following tax increases confirms that sturdy tax increases are effective in reducing smoking rates In 2009 Arkansas raised its tax by 56 cents to $115 within the first year after the tax increase sales of cigarettes declined by 27 In 2007 South Dakota raised its tax by $100 to $153 and experienced a 26 decline in sales In the same year Texas raised its tax a dollar to $141 and cut sales of cigarettes by 21 oo
I have three reasons for wanting to help people quit smoking one is personal one is humanitarian and the third is economic First the personal I tried to quit three times but lapsed each time Ill never forget how angry I was at myself for being controlled by a powerful force It was only when I calculated how much I was spending a year on cigarettes and what I couldnt buy because of smoking that I was able to quit
Secondly I hate to see people many of whom are addicted suffer needlessly have years cut off their lives their family broken by emphysema heart disease cancer and early death And finally to my economic concern The 186 of North Dakotans who smoke are responsible for $24 7 million a year in health care expenditures That cost is passed on to the rest of us in the form of higher insurance premiums higher Medicaid costs and higher hospital uncollectables Reduction in the number of smokers means a reduction in health care premiums for the rest of us
A December 30 2010 Fargo Forum editorial summed up the case for raising taxes on cigarettes In concert with public smoking bans cessation programs and antishysmoking campaigns higher tobacco taxes are an important tool to persuade smokers to snuff out the habit--or better yet convince teens never to start
Research shows higher taxes pay public dividends A 10 increase in the real price of cigarettes will reduce adult smoking by 2 and cut teen smoking by
roughly 7 That would make a difference in North Dakota where tobacco use rates are high 22 of students in grade nine smoke Thats alarmingly high and greater than the percentage of adults which is 18
Make no mistake taxpayers pay for smokers Medicaid costs for smoking- related illnesses are estimated at $47 million a year Factor in lost productivity--$192 million a year--and all direct medical expenditures--$250 million a year-- and the cost of cigarettes adds up to roughly $700 a year per person
I said at the beginning that the purpose of this increase in cigarette taxes was not to raise revenues But it will bring in somewhere around $32 million next biennium As the bill stands now that money would simply go into the General Fund But I could see the money being targeted for instance it could help pay for Medicaid costs related to smoking or it could provide $4000 college scholarships to 4000 needy students or to high achieving students in STEM fields Or it could be split among North Dakota hospitals to help pay for uncompensated care losses especially in the west Should the committee have any interest in the bill I would cetiainly be open to an amendment targeting the increased funds to any purpose committee members thought appropriate
I hope the committee will add one more tool to help addicted people kick this habit and compensate the state for the large medical costs created by smoking
bull
CAMPAIGN (ov ToYgtACco-fRpoundpound
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NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $100 C IGARETTE TAX INC REASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $10 48 per pack
Annual health care expenditures in North Dakota directly caused by tobacco use $247 million Smoking-caused state Medicaid program spending each year $47 million
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $3235 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase
Percent decrease in youth smoking 154
Kids in North Dakota kept from becoming addicted adult smokers 6300
Current adult smokers in the state who would quit 5200
Smoking-affected births avoided over next five years 900
North Dakota residents saved from premature smoking-caused death 3400
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $213 million
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 million
5-Year Medicaid program savings for the state $240000
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 million
122112 TFKI January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly d iminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products I t is important to consider a l l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $ 1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorglfacts issuesfact sheetslpoliciesltaxlus state local and httpllwwwacscanorgltobaccopolicv
For more on sources and calculations see httpwwwtobaccofreekidsorqresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Guam $300 No Marianas Islands $175
MAP O F STATE C IGARETTE TAX RATES
Average State Cigarette Tax $148 per Pack Average Cigarette Tax in Major Tobacco States 485 cents per Pack
Average Cigarette Tax in Non-Tobacco States $161 per Pack
0 HI $320 Puerto Rico $223 I
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate
since 1999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam
have cigarette tax rates of $100 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages listed above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The
major tobacco states with extensive tobacco farming and often cigarette manufacturing are NC KY VA SC TN amp GA Federal cigarette tax is $101 per pack Not shown are the special taxes or fees some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local governments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) New York City ($150) and Anchorage AK ($2206) The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $1047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn For more information on state cigarette taxes and the benefits from increasing them see
httpwwwtobaccofreekidsorgfacts issuesfact sheetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1400 I Street NW middot Suite 1200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
I i I I I I I I I I i I I I I I I I I II I I I I I I -- - 1 I O i I lt_ H I fi 61
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From Dr Eric L Johnson MD Grand Forks ND
President
Tobacco Free North Dakota
Associate Professor
Department of Family and Community Medicine
UNDSMHS
Director lnterprofessional Education
UNDSMHS
Medical Director
Physician Assistant Program
UNDSMHS
Assistant Medical Director
Altru Diabetes Center
FMC-Aitru Health System
Assistant Medical Director
Valley Memorial Homes
Although Im unable to appear in person Id like to offer information regarding tobacco
specifically cigarette taxation and its specific relationship to reducing youth smoking I have
actively been involved in tobacco related issues since beginning my association with NDQuits
formerly known as the North Dakota Tobacco Quitline
We are fortunate to have up to date quality information to support this effort in reducing
smoking among youth in North Dakota Here is the current state of tobacco use among youth
in our state
Cigarette Use
bull 44 ever tried cigarette smoking (1)
bull 19 smoked cigarettes on at least 1 day during the 30 days before the survey
bull 8 smoked cigarettes on 20 or more days during the 30 days before the survey
bull 47 did not try to quit smoking cigarettes (2)
Other Tobacco Use
bull 14 used chewing tobacco snuff or dip on at least 1 day during the 30 days before the
survey
bull 13 smoked cigars cigarillos or little cigars on at least 1 day during the 30 days before the
survey
Any Tobacco Use
bull 28 smoked cigarettes smoked cigars cigarillos or little cigars or used chewing tobacco
snuff or dip on at least 1 day during the 30 days before the survey
The current data support 2 ways to reduce youth smoking One is instituting smoke free laws
North Dakota voters strongly supported this in the election in November 2012 passing North
Dakotas new smoke-free law by a margin of 2 to 1 with every county and legislative district
voting in favor so its pretty clear this is what the people of North Dakota wanted Although
these laws are primarily designed to reduce the infliction of injury on others from secondhand
smoke smoke-free laws do tend to reduce youth smoking
The other way to reduce youth smoking is to increase taxes per pack of cigarettes
In a newly published study in the prestigious American Journal of Public Health doubling the
price of cigarettes decreased youth smoking by 13 which was the most effective way to cut
smoking in this population Its also estimated that in total in the states that increased tobacco
taxes during the study period resulted in 220000 fewer youth smokers
Other established previously published studies showed other benefits from increasing tobacco
taxes
bull Every 10 percent increase in the real price of cigarettes reduces overall cigarette
consumption by approximately three to five percent reduces the number
of young-adult smokers by 35 percent and reduces the number of kids who smoke by
six or seven percent
bull Cigarette price and tax increases work even more effectively to reduce smoking among
males Blacks Hispanics and lower-income smokers
bull A cigarette tax increase that raises prices by ten percent will reduce smoking among
pregnant women by seven percent saving many newborns from suffering from
smoking-affected births and related health consequences
bull Many states note increase in access to quit services such as what North Dakota has with
NDQuits when tobacco taxes increase Wisconsin and Iowa have notable data in this
area- for example Wisconsin went from about 9000 calls a month to 20000 in a month
after a new cigarette tax In Washington the number of smokers decreased by 100000
after their tobacco tax increase
Now I think many would say that North Dakota doesnt need another taxation revenue stream
and we are fortunate in North Dakota in that regard As well the people of North Dakota have
historically supported tobacco prevention funding- for example the well-known so called
Measure 3 of 2008 Currently North Dakota ranks very low in tobacco tax- we are ranked
46th with a state tax of 44 cents per pack The highest tobacco tax state is New York at $435
per pack The overall average is $128 Some may say that tobacco taxes pay for themselves
with health care but its estimated that each pack of cigarettes generates about $10 in health
care costs
Tobacco use itself remains a very expensive problem for North Dakota with an estimated $247
million spent annually on the treatment of tobacco related diseases Cutting down youth
smoking as well as smoking in other groups as noted has the potential to reduce these costs in
the future
Thank you for your time today and I would be happy to answer any other questions regarding
this or other tobacco related diseases or prevention My contact information can be provided
upon request References are provided as well
httpwwwtobaccofreekidsorgresearchfactsheetspdf0097pdf
httpwww n d health gov tobaccoFacts htm
httpwwwtobaccofreekidsorgresearchfactsheetspdf0146pdf
httpwwwcdcgovhealthyyouthyrbspdftobaccond tobacco combopdf
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use
(J amp bull Centers for Disease Control and Prevention ImiddotJj lldraquoA COC 247 Soving Lives Protecting Peopler-
Tobacco Control State Highlights 2012
Abstract
bull Highlights 2012 Abstract bull Highlights 2012 Cby section)
(tobaccodata statisticsstate datastate highlights2012sectionsindexhtm)
bull Highlights 2012 Buttons (tobaccobuttonsstate highlightsindexhtm)
bull Highlights 2012 Download
Page 1 of3 (
(tobaccodata statisticsstate datastate highlights2012zip fileshighlightszip) (Zip-163 MB)
bull Highlights 2012 Factsheet (tobaccodata statisticsstate datastate highlights2012pdfsfactsheetpdf) (PDF-so KB)
bull STATE System Interactive Maps (tobaccodata statisticsstate datastate highlights2012statesystemindexhtm)
Tobacco Control State Highlights 2012
Tobacco use is the single most preventable cause of death in the United States Each year in
the United States cigarette smoking and exposure to secondhand smoke causes 443000-or 1
in 5 deaths Economic losses are also staggering Smoking-caused diseases result in $96 billion
in health care costs annually
httnmiddotumm lrll anvtnhccnrlata statisticsstate datastate highlights2012indexhtm 1282013
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use Page 2 of3 V-
Some states have significantly improved the health of their citizens by reducing smoking rates
thereby decreasing smoking-related diseases deaths and health care costs Even in
economically challenging times states can make a significant difference in public health by
employing high-impact cost-effective tobacco control and prevention strategies as laid out in
the World Health Organizations MPOWER strategic package of interventions proven to
reduce tobacco use prevalence including
bull Monitor tobacco use and prevention policies bull Protect people from tobacco smoke bull Offer help to quit tobacco use bull Warn people about the dangers of tobacco bull Enforce bans on tobacco advertising promotion and sponsorship bull Raise state cigarette taxes on tobacco
Tobacco Control State Highlights 2012 guides states in developing and implementing highshy
impact strategies and assessing their performance This report also provides state-specific data
intended to-
1 Highlight how some states are making great strides in reducing smoking rates using evidence-based strategies while also showing that more work needs to be done in other states
2 Enable readers to see how their own states perform 3 Help policymakers with decision making
Post and share 2012 Tobacco Control State Highlights Buttons (tobaccobuttonsstate highlightsjindexhtm)
Interested in posting this syndicated content on your Web site
See the 1ist of Smoking and Tobacco Use syndicated pages Chttptoolscdcgovsyndicationpagesaspx
mediaCo11ectionld=s) find the page and select the Add to List link next to it
Related Archived Link I
bull Tobacco Control State Highlights 2010 (tobaccodata statisticsstate datastate highlights2010indexhtm) - --
htt I lnrnrm rJ anvtnhJrroclata statisticsstate datastate highlights20 12indexhtm 1282013
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use Page3 of3
Persons with disabilities who experience problems accessing the 2012 Tobacco Control
State Highlights should contact tobaccoinfocdcgov (mailtotobaccoinfocdcgov) or call1
-Soo-CDC-INFO (1-800-232-4636)
Page last reviewed January 24 2013 Page last updated January 24 2013 Content source Office on Smoking and Health National Center for Chronic Disease Prevention and Health Promotion
Centers for Disease Control and Prevention 1600 Clifton Rd Atlanta GA 30333 USA 8oo-CDC-INFO (800-232-4636) TTY (888) 232-6348- Contact CDC-INFO
11ttnwwwcdc 1mvtobaccodata statisticsstate datastate_ highlights2012indexhtm 12820 13
NORTH DAKOTA
Monitor
Adult Current CigaretteSmokeless Tobacco Use
In North Dakota the percentage of adults (ages 18+)
who currently smoke cigarettes was 219 in 2011
Across all states and DC the prevalence of cigarette smoking among adults ranged from 118 to 290
North Dakota ranked 30 among the states
The percentage of adults who currently use smoke-less tobacco was 76 in 2011 Across all states and DC the prevalence ranged from 14 to 98 North Dakota ranked 49 among the states
Current Cigarette and Smokeless Tobacco Use among Adults by Demographic Characteristics
National (median)
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
Less than high school degree
High school degree
More than high school degree
18-24 years old
25-44 years old
45-64 years old
65+ years old
bull Cigarettes
0 10 20
bullbullbull Sample size lt50
ml Smokeless Tobacco
30 40 Percent
50 60 70 80
Source Behavioral Risk Factor Surveillance System 2011
300
NORTH DAKOTA Youth Current CigaretteSmokeless TobaccoCigar Use
In North Dakota the percentage of youth in grades 9-12
who currently smoke cigarettes was 194 in 20 11 The range across 44 states was 59 to 241 North Dakota ranked 34h among 44 states
The percentage of youth who currently use smokeless tobacco was 136 in 2011 The range across 40 states was 35 to 169 North Dakota ranked 36h among 40 states
The percentage of youth who currently smoke cigars was 135 in 201 1 The range across 37 states was 50 to 183 North Dakota ranked 17h among 37 states
The percentage of youth who currently use tobacco (ie cigarettes smokeless tobacco andor cigars) was 283 in 2011 The range across 36 states was 78 to 319 North Dakota ranked 30h among 36 states
Tobacco Use among High School Students by Demographic Characteristics
bull Cigarettes
National
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
9th grade
1Oth grade
11th grade
12th grade
IE Smokeless Tobacco bull Cigars
0 10 20 30 Percent
Cigarettes smokeless tobacco andor cigars Sample size lt100
301
liil Tobacco
40 50 60 70
Source Youth Risk Behavior Survey 2011
NORTH DAKOTA Past-Year Cigarette Initiation
In 2008-2009 of all North Dakota youth ages 12-17
who had never smoked 66 smoked a cigarette for the first time in the past year This ranked 37 in the nation with a range of 33-92 among the states
Of all young adults ages 18-25 who had never smoked 147 smoked a cigarette for the first time in 2008-
2009 This ranked 51 in the nation with a range of 42-147 among the states
Past-Year Cigarette Initiates among Persons Aged 12-25 by Age of First Use 2002-2009
ltfJ c Ql v Ql c
25
20
15
10
5
0
__ Total Initiates -11- Initiates aged 12-17 --+-- Initiates aged 1 8-25
2002-2003 2004-2005 2006-2007 2008-2009
Year Source National Survey on Drug Use and Health 2002-2009
302
NORTH DAKOTA
Protect
Adult Exposure to Secondhand Smoke
Among all adults the percentage who reported being exposed to secondhand smoke within the past 7 days was lower in North Dakota than
Exposure to Secondhand Smoke
in the nation overall In 2009-2010 overall exposure to secondhand smoke in North Dakota was 450 ranking 1 8 among the states
I I I I Overall Workplaces i Homes 1 Vehicles Public Places I I
450
Adults were exposed to secondhand smoke in various locations The table shows the percentage of North Dakota adults who reported any exposure as well as exposure in their home in a vehicle or in indoor or outdoor areas at work or public places in the past 7 days
c Ql
100
Secondhand Smoke Exposure and Opinions about Smoking
in the Workplace bull National bull North Dakota
80
60 Ql a
Adults Reporting Being
Exposed to Secondhand
Smoke (overall)
Adults Who Think
Smoking Should Never be
Allowed in the Workplace
Source National Adult Tobacco Survey 2009-2010
Opinions about Smoking in the Workplace
In 2009-2010 778 of adults in North Dakota thought that smoking should never be allowed in indoor workplaces ranking 30 among the states
303
180 81 150 324 Source National Adult Tobacco Survey 2009-201 0
Smoke-Free Home Rules
In 2009-2010 836 of adults in North Dakota reported that their homes had smoke-free home rules ranking 18 among the states The percentage of homes without smoke-free home rules with children living in them was 284 ranking 11 among the states
Smoke-Free Home Rules and Homes without Rules that have Children
c Ql v Ql a
100
bull National
SmokemiddotFree Home
Rules
bull North Dakota
Homes without Rules
that have Children
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA State Smoke-Free Policy
As ofJune 30 2012 North Dakota had a smokeshyfree law that prohibits smoking in indoor areas of workplaces but not restaurants or bars The state allowed communities to enact local smoke-free laws
Note See Appendix B for updated legislation rhar rakes effect afrer June 30 2012
Offer
Adults Who Made a Quit Attempt in the Last Year
During 2009-2010 552 of North Dakota adult smokers made a quit attempt in the past year ranking 22d among the states
National
Percentage of Smokers Attempting to Quit
WORSE
In North Dakota
552 of adults made a quit attempt
ranking 22d
Source National Adult Tobacco Survey 2009-2010
Quitline Utilization
In 2010 the North Dakota quidine received 7478
calls and 1 342 tobacco users (an estimated 12 of all tobacco users in the state) received telephone counseling cessation medications or both from the state qui dine
Smoke-Free Legislation
I I Local Laws Workplaces Restaurants l Bars Permitted
Yes
I I
No No Yes Designated Smoking Areas t Ventilated Smoking Areas
bull Allowed for nonshyhospitality workplaces
1 Prohibited ror nonshyhospitJiity workplaces
t No Restrictions Allowed smoking in venues that prohibit minors
Note Not all footnotes may be used Source STATE System June 2012
304
Medicaid Coverage for Counseling and Medications
In 2010 North Dakotas Medicaid program provided incomplete coverage through Medicaid for tobaccoshydependence treatment North Dakota provided full coverage for some nicotine replacement therapies full coverage for varenicline full coverage for bupropion and no coverage for counseling (individual or group)
Medicaid Coverage for Counseling and Medications
Comprehensive Coverage
No
I Counseling NRT
Ms (On
1e or 1 Varenicline Jl Bupropion (Individual
ore andor Group)
Yes Yes Yes No
Pregnant women only t Fee-for-service only
Available only via the quitline
Note Not all footnotes may be used Source Halpinet a 2011
NORTH DAKOTA
Warn
Tobacco Counter-Marketing Media Intensity
CDC Best Practices recommendations translate into an average quarterly exposure of 1200 general audience gross raring points (GRPs) and 800 youth target raring points (TRPs) in effective anti-tobacco media campaigns North Dakota had an average of 10356 general audience GRPs and 1436 youth TRPs per quarter in television advertising supporting tobacco control messages in 2010
Anti-Tobacco Media Campaign Intensity G RPs Per Quarter
National
Median
2427 GRPs
General Audience
WORSE
North Dakota
Average 10356
GRPs (101h)
Source CDCOSH
Anti-Tobacco Media Campaign Intensity T RPs Per Quarter
National
Median
3 97TRPs
Youth (12-17Years)
WORSE
North
Dakota Average 1436 TRPs (13h)
Source CDCOSH
305
Knowledge of the Dangers of Tobacco
In North Dakota 657 of adults thought that breathing smoke from other peoples cigarettes or other tobacco products is very harmful to ones health in 2009-2010 Additionally 832 thought that cigarette smoking is very addictive
Secondhand Smoke
National
Average
656
WORSE
In North Dakota 657 of adults thought
__ secondhand smoke is very harmful The range
across all states was 721 to 559 North
Dakota ranked 17h
among the states
Source National Adult Tobacco Survey 2009-2010
Addictiveness of Smoking
National
Average
854
WORSE
In North Dakota 832 of adults thought that
smoking is very addictive The range across all states was
905 to 806 North __ Dakota ranked 45h among the states
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA
Enforce
State Allows Local Advertising and Promotion Laws State Allows Local Laws
As ofJune 30 2012 North Dakota allowed local regulation of tobacco industry promotions tobacco product sampling and display of tobacco products in commercial establishments
Promotion t Sampling I Display
Yes Yes Yes Source STATE System June 2012
Over-the-Counter Retail Licensure
As of June 30 2012 North Dakota required all establishments selling cigarettes and smokeless tobacco products over-the-counter to be licensed Nationally 37
states required over-the-counter licensure for cigarettes 29 of which also have a requirement for smokeless tobacco with various renewal frequencies fees and penalties for violations
Over-the-Counter Licensure and Penalties
Over-the- Minimum I Renewal I Penalty to Licensure Counter License License Fee Required I Business Includes _ Rqired _ _ (amp Frequelcy) _ Sruo_kes Toacc
$1500
Yes Yes
bull Annually Note Not all footnotes may be used bull Class A Misdemeanor Fine or Imprisonment or both Source STATE System June 2012
306
NORTH DAKOTA
Raise
Amount of Tobacco Product Excise Tax
As of June 302012 the excise tax on cigarettes in North Dakora was $044 per pack ranking 46h among the states The tax on cigars was 28 of the wholesale purchase price per cigar and for little cigars the tax was 28 of the wholesale purchase price per pack of 20 The tax on chewing tobacco was $0 I 6 per ounce with snuff taxed at $060 per ounce
Amount of Cigarette Excise Tax
National
Median
$1339
WORSE
As of June 30 2012
North Dakota had a
$044 cigarette excise tax-ranking 461h
among the states The range across states was
$435 to $017 per pack
Source STATE System June 2012
307
Price Paid for Last Cigarettes Purchased
In North Dakota 656 of adult smokers bought their last cigarettes by the pack and 344 bought them by the carton in 2009-2010 The average price that North Dakota smokers reported paying for their last pack of cigarettes was $433 in 2009-201 0 the range among states was $798 to $404 The average price that North Dakota smokers reponed paying for their last carton of cigarettes was $3561 in 2009-2010 the range among 45
states with valid data was $6445 to $3046
CAMPAIGN ov ToBACco-fREE
Kirk-middot
bull
ancer Action jii
N EW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVI NGS FROM A $100 CIGARETTE TAX I N C REASE I N NORTH DAKOTA
Cu rrent state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $1 048 per pack
Annual health care expenditu res in North Dakota directly caused by tobacco use $247 m illion S mokin g-caused state Med icaid program spending each year $47 mi l l ion
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $325 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase Percent decrease in youth smoking 154
-- -- -------------------------------------
Kids in North Dakota kept from becoming addicted adult smokers 6300 ------------------ --------------------------------------------------------------------------------
Current adult smokers in the state who would quit 5200 -----------------------------------------------------------------
Smoking-affected births avoided over next five years 900 -- -- --------
North Dakota residents saved from premature smoking-caused death 3400 ----middot-------------------- ------------------------------------------- middot --
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000 ------------ -----------------------------------
5- Year health care cost savings from fewer smoking-affected pregnancies amp births $213 mil l ion f-------------------------------------------------------------------------------------------------------------------------5- Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 mil l ion r------------------------------------------------------------------------------------------------------5- Year Medicaid program savings for the state $240000 ------------------------------------------------------------------------------------------------------- -----------
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 mil l ion 122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly diminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new reven ues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider all aspects of state tax pol icy related to OTPs (incl uding the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category linked to the state cigarette tax rate on a per-package or pe r-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoliciesltaxlus state local and httpwwwacscanorqltobaccopolicv
For more on sources and calculations see httpllwwwtobaccofreekidsorgresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Explanations amp Notes
Health care costs l isted at the top of the page are from the US Centers for Disease Control and Prevention
Projections a re based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the higher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggling and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion httptobaccofreekidsorgresearchfactsh eetspdf0274pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate i ncrease All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are limited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also limited because small tax i ncreases are unl ikely to produce significant public health benefits
Ongoing reductions in state smoking rates wil l over time gradually erode state cigarette tax revenues (in the absence of any new rate increases) But those declines are more predictable and less volatile than many other state revenue sources such as state income tax or corporate tax revenues (which can drop sharply during recessions) In addition the smoking declines that reduce tobacco tax revenues will simultaneously produce much larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdf0357pdf
For more on sources and calculations see httplwww tobaccofreekidsorqresearchlfactsheetslpdf028 1pdf
Needed State Efforts to P rotect State Tobacco Tax Revenues
Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qual ifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on all tobacco products to block tax evasion and promote tax equity No
High-tech tax stamps to stop counterfeiting and other smuggling and tax evasion No
Retailers lose license if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
North Dakota Tobacco Prevention and Control Executive Comm ittee
Center for Tobacco Prevention and Control Policy 4023 State Street Suite 65 bull Bismarck N D 58503-0638
Phone 70 1 328 5 1 30 middot Fax 701 328 5 1 35 middot Tol l Free 1 877277 5090
Testimony House Bil l 1 387
1 0 00 am Jan uary 29 20 1 3 House F inance and Taxation Comm ittee
Good morning Chairman Belter and members of the House Finance and Tax Committee I am Jeanne Prom executive director of the N D Center for Tobacco Prevention and Control Policy
I ncreasing the tobacco tax sig nificantly wil l lead to a decrease in tobacco use in our state Tobacco use is the leading cause of preventable disease and death and the tol l of tobacco u se in North Dakota is hig h
bull An n ual health care costs in North Dakota directly caused by smoking $247 mil l ion bull Portion paid by the state Medicaid prog ram annually $47 mil l ion bull N u mber of North Dakota adu lts who will die from smoking this year 800 bull High school students who smoke 7 400 (1 94) bull Male hig h school students who use smokeless or spit tobacco 22 2 bull Kids u nder 1 8 who become new daily smokers each year 600
The North Dakota Tobacco Prevention and Control Advisory Committee in its plan Saving Lives - Saving Money North Dakota s Comprehensive State Plan to Prevent and Control Tobacco Use cal ls for a sig nificant increase in al l tobacco taxes - to $2pack - to keep kids from starting and prompt users to quit As you can see on the attachments North Dakotas tobacco tax is one of the lowest in the country at 44 centspack This tax hasnt been increased since 1 993 The low tax resu lts in inexpensive tobacco that is affordable to youth and populations with l imited incomes and high smoking rates High tobacco taxes work most effectively to cut use among lower-income smokers and young male smokeless tobacco users - two g roups that suffer disproportionately from the harms of tobacco use
Tobacco use and its health hazards are completely preventable Raising the tobacco tax to $2pack with a comparable tax amou nt on other tobacco products can be expected to
bull Decrease youth smoking by 24 bull Reduce the number of kids from becoming addicted adult smokers by 9 900 bull Reduce the n umber of adults in the state who smoke by 8 200 bull Save the state mil l ions of dol lars in smoking-related health care costs over j ust 5 years
Please consider H B 1 387 with amendments to i ncrease the tobacco tax to $2pack with a comparable tax increase on al l other tobacco products
Thank you for your time and consideration I am happy to respond to any questions
The To bacco i n N o rth Da kota Updated Dec 5 2012
The Tol l of Tobacco in North Dakota
High school students who 1 94 (7400)
smoke middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot
Male high school stuents who 222
S SrlkS r Pt
t
Kids (under 1 8) who become 600
-middot- -IY S- X
Kids exposed to secondhand 42000
smoke at home Packs of cigarettes bought or
1 9 m il l ion lt9 Y i
------ Xr
Adu lts in North Dakota who smoke
21 9 ( 1 1 6 600)
Due to changes in CDCs methodology the 20 1 1 adult smoking rate cannot be
compared to adult smoking data from previous years
US National Data (201 1 )
i- -ltl flin
rt
Male h igh school students who 1 28
use smokeless tobacco
- n9 1 g(
Deaths i n North Da kota from Sm oking
Adults who die each year from th
k 800
e1r own smo mg
Kids now under 1 8 and alive in North Dakota who will ultimately 1 1 000 die prematurely from smoking
Smoking kil ls more people than alcohol AIDS car crashes i l legal drugs murders and suiCides combined - and thousands more die from other tobacco-related
causes - such as fires caused by smoking (more than 1 000 deathsyear nationwidr d smokeless tobacco use
Sm oking-Caused Monetary Costs in North Dakota
Annual health care costs in North Dakota directly caused by$247 m i ll ion
ltn
Portion covered by the state $47 m il l ion
-ii P9--
Residents state amp federal tax burden from srnoking-caused $574 per house hold
V-nt Pn i_
t
r
Smoking-caused productivity $ 1 92 m i l l ion
losses in North Dakota
Amounts do not include health costs caused by exposure to secondhand smoke smoking-caused fires smokeless tobacco use or cigar and pipe smoking Tobacco vse also imposes additional costs such as workplace productivity losses and damage to property
Tobacco Industry I nflue nce in North Dakota
Annual tobacco industry marketing expenditures nationwide
$85 bil l ion
Estimated portion spent for North Dakota marketing each $257 m il l ion
year
Published research studies have found that kids are twice as sensitive to tobacco advertising than adults and are more l ikely to be influenced to smoke by cigarette marketing than by peer pressure One-third of underage experimentation with smoking is attributable to tobacco company advertising
View sources of information
More detailed fact sheets on tobaccos toll in each state are avai lable by emailing factsheetstobaccofreekids org
CAMPAIGN middot ov
ToBA((o-fRpoundpound K ick
Guam $300 No Marianas Islands $1 75
MAP OF STATE CIGARETTE TAX RATES
Average State Cigarette Tax $1 48 per Pack
Average Cigarette Tax in M ajor Tobacco States 485 cents per Pack
Average Cigarette Tax in N on-Tobacco States $1 61 per Pack
TX $1 41
gt
$320 Puerto Rico $223
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate since 1 999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $ 1 00 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or h igher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages l i sted above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The major tobacco states with extensive tobacco farming and often cigarette manufacturin g are NC KY VA SC TN amp GA Federal cigarette tax is $1 01 per pack Not shown are the special taxes or fee s some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local g overnments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) N ew York City ($1 50) and Anchorage AK ($2206) The U S Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $ 1 047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn
For m o re information on state cigarette taxes and the benefits from increasing them see httpwwwtobaccofreekidsorgfacts issuesfact s h eetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1 400 I Street NW middot Suite 1 200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekid sorg
State Tax
Alabama $0425 Alaska $200 Arizona $200 Arkansas $1 1 5 California $087 Colorado $084 Connecticut $340 Delaware $1 60 DC $250 Florida $1 339 Georgia $037 Hawai i $320 Idaho $057 I l l inois $1 98
Indiana $0995 Iowa $ 1 36 Kansas $079 Kentucky $060
STATE CIGARETTE EXCISE TAX RATES amp RANKINGS
Overal l All States Average $1 48 per pack
Major Tobacco States Average 485 cents per pack Other States Average $1 61 per pack
Rank State Tax Rank State
47th Louisiana $036 49th Oklahoma 1 1 th Maine $200 1 1 th Oregon 1 1 th Maryland $200 1 1 th Pennsylvania 30th Massachusetts $251 9th Rhode Island 33rd Michigan $200 1 1 th South Carolina 34th Minnesota $1 23 28th South Dakota 3rd Mississippi $068 37th Tennessee
2 1 st Missouri $0 1 7 5 1 st Texas 1 0th Montana $1 70 1 7th Utah 26th Nebraska $064 38th Vermont 48th Nevada $080 35th Virginia 4th New Hampshire $ 1 68 1 9th Washington
42nd New Jersey $270 6th West Virgin ia 1 6th New Mexico $1 66 20th Wisconsin
32nd New York $435 1 st Wyoming 25th North Carolina $045 45th Puerto Rico 36th North Dakota $044 46th G uam 40th Ohio $ 1 25 27th Northern Marianas
Tax stamp Includes 75cent health 1mpact fee
Tax Rank
$1 03 3 1 st $1 1 8 29th $1 60 2 1 st $350 2nd $057 42nd $ 1 53 23rd $062 39th $1 41 24th $1 70 1 7th $262 7th $0 30 50th
$3025 5th $055 44th $2 52 8th $060 40th $223 NA $300 NA $1 75 NA
Table shows al l cigarette tax rates in effect now Since 2002 47 states DC and several US territories have increased their cigarette tax rates more than 1 05 times The three states in bold type have not increased their cigarette tax since 1 999 or earlier Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $1 00 per pack or higher 14 states DC and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $4 00 per pack Tobacco states are KY VA NC SC GA and TN States average includes DC but not Puerto Rico other U S territories or local cigarette taxes The median tax rate is $1 34 per pack AK M l MN MS UT also have special taxes or fees on brands of manufacturers not participating in the state tobacco lawsuit settlements (NPMs)
The highest combined state-local tax rate is $585 in New York City with Chicago IL second at $566 per pack Other high state-local rates include Evanston IL at $548 and Anchorage AK at $4206 per pack For more on local cigarette taxes see httptobaccofreekids orgresearchfactsheetspdf0267 pdf
Federal cigarette tax is $1 01 per pack From the beginning of 1 998 through 2002 the m ajor cigarette companies increased the prices they charge by more than $1 25 per pack (but also instituted aggressive retail-level discounting for competitive pu rposes and to reduce related consumption declines) In January 2003 Philip Morris instituted a 65-cent per pack price cut for four of its major brands to replace its retail-level discounting and fight sales losses to discount brands and R J Reynolds followed suit In the last several years the major cigarette companies have increased their product prices by almost $ 1 00 per pack The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs total $1047 per pack sold and consumed in the US The average price for a pack of cigarettes nationwide is roughly $600 (including statewide sales taxes but not local cigarette or sales taxes other than NYCs $1 50 per pack cigarette tax) with considerable state-to-state differences because of d ifferent state tax rates and different manufacturer wholesaler and retailer pricing and discounting practices AK DE MT NH amp OR have no state retai l sales tax at al l OK has a state sales tax but does not apply it to cigarettes MN amp DC apply a per-pack sales tax at the wholesale level and AL GA amp MO (unl ike the rest of the states) do not apply their state sales tax to that portion of retai l cigarette prices that represents the states cigarette excise tax
Campaign for Tobacco-Free Kids December 13 2012 I Ann Boonn
For additional i nformation see the Cam paigns website at httplwwwtobaccofreekidsorgwhat we dostate localtaxes
Sources Orzechowski amp Walker Tax Burden on Tobacco 201 1 media reports state revenue department websites
middot Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change ih the actual excise tax rates just the way that the rates are listed
1 400 I Street NW - Suite 1 200 - Washington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
CAMPAIGN kJI TOigtAltpound0-fRpoundpound
K ick
NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $156 CIGARETTE TAX INCREASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $ 1 048 per pack
Annual health care expend itures in North Dakota directly caused by tobacco use $247 m ill ion Smoking-caused state Med icaid program spending each year $47 m il lion
New Annual Revenue from Increasing the Cigarette Tax Rate by $156 Per Pack $4109 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate I nc rease
Percent decrease in youth smoking 240 Kids in North Dakota kept from becoming addicted adult smokers 9900 Current adult smokers in the state who would quit 800 Smoking-affected births avoided over next five years 1 500 North Dakota residents saved from premature smoking-caused death 5400 5-Year health care cost savings from fewer smoking-caused lung cancer cases $1 26 million
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $333 mill ion
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $233 mill ion
5-Year Medicaid program savings for the state $380000 Long-term health care cost savings in the state from adult amp youth smoking declines $35066 mil l ion
122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years wi l l similarly diminish or el iminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider al l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $2 00 per pack cigarette tax the states new OTP tax rate should be at least 60 of the wholesale price with m inimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoiciesltaxlus state local and httpllwwwacscanorqltobaccopoicy
For m ore on sources and calculations see httpllwwwtobaccofreekidsorglresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer A ction Network Melissa Maitin-Shepard
Explanations amp Notes Health care costs l isted at the top of the page are from the US Centers for Disease Control and P revention
Projections are based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the h igher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggl ing and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion http 1tobaccofreekids orgresearchfactsheetspdf027 4 pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate increase All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are l imited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also l imited because small tax increases are unl ikely to produce significant public health benefits
Ongoing red uctions in state smoking rates will over time gradually erode state cigarette tax revenues (in the absence of any new rate i ncreases) But those declines are more predictable and less volatile than many other state revenue sources such as state i ncome tax or corporate tax revenues (which can drop sharply during recessions) I n addition the smoking declines that reduce tobacco tax revenues will sim ultaneously produce m uch larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdfl0357 pdf
For more on sources and calculations see httpllwww tobaccofreekidsorqlresearchlfactsheetspdf0281 pdf
Needed State Efforts to Protect State Tobacco Tax Revenues Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qualifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on al l tobacco products to block tax evasion and promote tax equity No
H ig h-tech tax stamps to stop counterfeiting and other smuggl ing and tax evasion No
Retailers lose l icense if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
Testimony of Bill Shalhoob
Greater North Dakota Chamber of Commerce HB 1 3 87
January 29 20 1 3
Greater North Dakota Chamber
Mr Chairman and members of the committee My name is Bill Shalhoob and I am here today representing the Greater North Dakota Chamber of Commerce the champions for business in North Dakota GNDC is working to build the strongest business environment possible through its more than 1 1 00 business members as well as partnerships and coalitions with local chambers of commerce from across the state GNDC also represents the National Association of
Manufacturers and works closely with the US Chamber of Commerce As a group we stand in opposition to HB 1d urge a do not pass from your committee on the bill
nn GNDC has a long history of opposing excise taxes which we believe are onerous and unfair
We have a difficult time understanding this bill and the tax increase from 1 7 mills to 45 mills a
1 65 raise according to our math proposed in it North Dakota certainly does not need the
additional revenue that might come from this tax increase Our focus in this session is on tax decreases not increases If we are trying to do social engineering that is to discourage the practice the tax code is a poor place to do it If the goal is to eliminate smoking introduce a bil l prohibiting the sale or use of tobacco products in the state As witnessed by our experience with Minnesota increasing their cigarette tax with a health fee all we do is drive sales to a lower priced location by passing this bil l We see no acceptable reason to enact this tax
Thank you for the opportunity to appear before you today in opposition to HB 1 3 87 I would be happy to answer any questions
Champions Business
PO Box 2639 P 701middot222-0929 Bismarck NO 58502 F 701-222-1611
wwwndcharnbercorn
w - -I --------
North Dakota Retai l Association NO Petroleum Marketers Association
North Dakota Propane Gas Association
---- LEG S LAT VE BU LLET N Testimony- HB 1387
January 29 2013- House Finance and Tax Committee
Chairman Belter and Members of the House Finance and Tax Committee
We know any type of tax tends to put the squeeze on consumer spending potentially strain
household budgets and curb retail sales Which is exactly why the North Dakota Petroleum
Marketers Association and its 400 members from across the state are asking you to vote
NO on HB 1387
Passage of HB 1387 will burden North Dakotas lower Income Earners Cigarette
excise taxes are regressive in nature B ased on data from the Center for
Disease Control roughly 30 of adults in North Dakota who earn less than
$ 15000 are smokers whereas only 160 of adults who earn $50000 or
more are smokers Raising taxes will further unfairly burden low-income
earners
Passage of HB 1387 will harm the retail sector as well
Increasing the excise tax could hurt legitimate retailers when
adult smokers shift purchases to other outlets such as the internet This
would negatively affect North Dakota s 1 300 retailers
Even more pressing is the fear Passage of HB 1387 could increase illegal cigarette trafficking
An excise tax increase could provide incentives for smuggling and other
contraband activities resulting in lost revenues According to the Bureau of
1 02 5 North 3rd Street bull PO Box 1 9 5 6 bull Bismarck NO 58502 bull 701 -223-3370 bull Fax 7 0 1 -223-5004 Web Address ndretailorg bull ndpetroleumorg bull ndpropaneorg
Alcohol Tobacco Firearms and Explosives cigarette smuggling has
turned into a lucrative business for criminals who trade cigarettes and other
tobacco products on the black market Nationally its estimated $5 billion in
tax revenue annually is lost on the black market
For all of these reasons NDPMA is asking for a NO vote on HB 1387
Thank you for your time and consideration
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote
House Finance and Taxation Committee HB 1387 January 29 2013 Page 2
Vice Chairman Headland Why dont we go to $5 per pack or something higher assume the greater we increase the tax the more l ikely the person would quit
Jeanne Prom I would like to work with you on that bill if you like
Chairman Belter Any further testimony in support to 1387 Any opposition to 1387
Bill Shalhoob Greater North Dakota Chamber Opposition to HB 1387 Taxes are taxes and social behavior is social behavior See attached testimony 9 I think that raising taxes will just encourage smokers to buy from another state where it is lower it just taking money from NO retai lers
Chairman Belter Further testimony in opposition to 1 387
Mike Rud N orth Dakota Retail Association and North Dakota Petroleum Marketers Association See attached testimony 1 0 Personal responsibility and personal choice need to rule on this (ended 2915)
Chairman Belter Further testimony in opposition to 1 387
Brad Barcus See attached testimony 1 1
Representative Kelsh There are a number of other bil ls out that are increasing the penalty for DUI speeding those too are done to provoke a change in behavior What makes those examples effective but not increasing the price of cigarettes
Brad Barcus I think the bigger thing there is that somebody is doing something illegal I am all for increasing the responsibility of the underage person who purchased the product
Chairman Belter Closed
middot
2013 HOUSE STANDING COMMITTEE MINUTES House Finance and Taxation Committee
Fort Totten Room State Capitol
HB 1387 January 30 2013
Job 18032
D Conference Committee
Explanation or reason for introduction of billresolution
A Bil l relating to an increase in the tobacco products tax rate for cigarettes and to provide an effective date
Minutes
Chairman Belter Opens HB 1387
Rep Headland Do Not Pass
Rep Dockter Second
Yes 12
No 1
Absent 1
Carried by Rep Froseth
BillResolution No HB 1 387
FISCAL NOTE Requested by Legislative Council
01212013
1 A State fiscal effect Identify the state fiscal effect and the fiscal effect on agency appropriations compared to funding I I d t r middot t d d t l eve s an appropna 10ns an tctpa e un er curren
2011-2013 Biennium
aw
2013-2015 Biennium
General Fund Other Funds General Fund Other Funds
Revenues $59068000
Expenditures
Appropriations
2015-2017 Biennium
General Fund Other Funds
1 B County city school district and township fiscal effect Identify the fiscal effect on the appropriate political subdivision
2011-2013 Biennium 2013middot2015 Biennium 2015middot2017 Biennium
Counties
Cities
School Districts
Townships
2 A Bill and fiscal impact summary Provide a brief summary of the measure including description of the provisions having fiscal impact (limited to 300 characters)
HB 1 387 raises the cigarette tax rate from $44 to $1 00 per package of 20 cigarettes
B Fiscal impact sections Identify and provide a brief description of the sections of the measure which have fiscal impact Include any assumptions and comments relevant to the analysis
3 State fiscal effect detail For information shown under state fiscal effect in 1A please
A Revenues Explain the revenue amounts Provide detail when appropriate for each revenue type and fund affected and any amounts included in the executive budget
If enacted HB 1 387 is expected to increase revenues in the state general fund by an estimated $59068 million in the 201 3- 1 5 biennium
B Expenditures Explain the expenditure amounts Provide detail when appropriate for each agency line item and fund affected and the number of FTE positions affected
C Appropriations Explain the appropriation amounts Provide detail when appropriate for each agency and fund affected Explain the relationship between the amounts shown for expenditures and appropriations Indicate whether the appropriation is also included in the executive budget or relates to a continuing appropriation
Name Kathryn L Strombeck
Agency Office of Tax Commissioner
Telephone 328-3402
Date Prepared 0 1 2820 1 3
Date I - 3 0 - I 3 Roll Call Vote ---- __ _
2013 HOUSE STAN DING COMMITTEE ROLL CALL VOTES
BILLRESOLUTION NO I 3 ] House Finance and Taxation
0 Check here for Conference Committee
Legislative Council Amendment Number
Committee
Action Taken 0 Do Pass Do Not Pass 0 Amended 0 Adopt Amendment
0 Rerefer to Appropriations 0 Reconsider
Motion Made By Seconded By
Representatives Ye No Representatives Chairman Wesley Belter _v Rep Scot Kelsh Vice Chairman Craig Headland z Rep Steve Zaiser Rep Matthew Klein v Rep Jessica Haak Rep David Drovdal v Rep Marie Strinden Rep Glen Froseth v Rep Mark Owens v Rep Patrick Hatlestad V Rep Wayne Trottier Rep Jason Dockter I Rep Jim Schmidt j
Yes Nv
- v v
Total (Yes) I d No _ ___ ________ _
Absent I Floor Assignment
If the vote is on an amendment briefly indicate intent
Com Standing Committee Report January 30 2013 456pm
Module ID h_stcomrep_17 _023 Carrier Froseth
REPORT OF STANDING COMMITTEE HB 1387 Finance and Taxation Committee (Rep Belter Chairman) recommends DO
NOT PASS (12 YEAS 1 NAYS 1 ABSENT AND NOT VOTING) HB 1387 was placed on the Eleventh order on the calendar
(1) DESK (3) COMMITIEE Page 1 h_stcomrep_1 7 _023
2013 TESTIMONY
HB 1387
Just to set the stage let me pass on what King James I said when he was first presented with tobacco in 1604 After smoking it he became sick and later wrote that tobacco was loathsome to the eye hateful to the nose harmful to the brain and dangerous to the lungs
The purpose of this bill is not to raise money It is to give an extra incentive to help
people quit smoking If enacted HB 1387would raise North Dakotas cigarette tax
by 56 cents from 44 cents a pack to $100 a pack That would increase the cost of
a pack by between 10 and 15 percent depending on the cost of the brand today
Nmih Dakota is one of three states which have not raised their tobacco tax since 1999 The average for all states is $148 a pack The average for all non-tobaccoshyproducing states is $161 a pack 45 states have cigarette taxes higher than Nmih Dakotas North Dakota lags well behind its bordering states South Dakota hardly a high tax state levies $153 per pack Minnesota $156 and Montana $170
Now how effective will increasing the cigarette tax be in reaching its goal to decrease smoking rates in North Dakota
A Dece1nber 1998 study of cigarette price elasticity by Credit Suisse First Boston Corporation concluded that conservatively cigarette consumption would decline by four percent for every 10 increase in price
A more recent study finds that each 10 price increase reduces youth smoking by 65 adult smoking by 2and total consumption by about 4oo
And reports from other states of actual declines in smoking following tax increases confirms that sturdy tax increases are effective in reducing smoking rates In 2009 Arkansas raised its tax by 56 cents to $115 within the first year after the tax increase sales of cigarettes declined by 27 In 2007 South Dakota raised its tax by $100 to $153 and experienced a 26 decline in sales In the same year Texas raised its tax a dollar to $141 and cut sales of cigarettes by 21 oo
I have three reasons for wanting to help people quit smoking one is personal one is humanitarian and the third is economic First the personal I tried to quit three times but lapsed each time Ill never forget how angry I was at myself for being controlled by a powerful force It was only when I calculated how much I was spending a year on cigarettes and what I couldnt buy because of smoking that I was able to quit
Secondly I hate to see people many of whom are addicted suffer needlessly have years cut off their lives their family broken by emphysema heart disease cancer and early death And finally to my economic concern The 186 of North Dakotans who smoke are responsible for $24 7 million a year in health care expenditures That cost is passed on to the rest of us in the form of higher insurance premiums higher Medicaid costs and higher hospital uncollectables Reduction in the number of smokers means a reduction in health care premiums for the rest of us
A December 30 2010 Fargo Forum editorial summed up the case for raising taxes on cigarettes In concert with public smoking bans cessation programs and antishysmoking campaigns higher tobacco taxes are an important tool to persuade smokers to snuff out the habit--or better yet convince teens never to start
Research shows higher taxes pay public dividends A 10 increase in the real price of cigarettes will reduce adult smoking by 2 and cut teen smoking by
roughly 7 That would make a difference in North Dakota where tobacco use rates are high 22 of students in grade nine smoke Thats alarmingly high and greater than the percentage of adults which is 18
Make no mistake taxpayers pay for smokers Medicaid costs for smoking- related illnesses are estimated at $47 million a year Factor in lost productivity--$192 million a year--and all direct medical expenditures--$250 million a year-- and the cost of cigarettes adds up to roughly $700 a year per person
I said at the beginning that the purpose of this increase in cigarette taxes was not to raise revenues But it will bring in somewhere around $32 million next biennium As the bill stands now that money would simply go into the General Fund But I could see the money being targeted for instance it could help pay for Medicaid costs related to smoking or it could provide $4000 college scholarships to 4000 needy students or to high achieving students in STEM fields Or it could be split among North Dakota hospitals to help pay for uncompensated care losses especially in the west Should the committee have any interest in the bill I would cetiainly be open to an amendment targeting the increased funds to any purpose committee members thought appropriate
I hope the committee will add one more tool to help addicted people kick this habit and compensate the state for the large medical costs created by smoking
bull
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NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $100 C IGARETTE TAX INC REASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $10 48 per pack
Annual health care expenditures in North Dakota directly caused by tobacco use $247 million Smoking-caused state Medicaid program spending each year $47 million
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $3235 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase
Percent decrease in youth smoking 154
Kids in North Dakota kept from becoming addicted adult smokers 6300
Current adult smokers in the state who would quit 5200
Smoking-affected births avoided over next five years 900
North Dakota residents saved from premature smoking-caused death 3400
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $213 million
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 million
5-Year Medicaid program savings for the state $240000
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 million
122112 TFKI January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly d iminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products I t is important to consider a l l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $ 1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorglfacts issuesfact sheetslpoliciesltaxlus state local and httpllwwwacscanorgltobaccopolicv
For more on sources and calculations see httpwwwtobaccofreekidsorqresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Guam $300 No Marianas Islands $175
MAP O F STATE C IGARETTE TAX RATES
Average State Cigarette Tax $148 per Pack Average Cigarette Tax in Major Tobacco States 485 cents per Pack
Average Cigarette Tax in Non-Tobacco States $161 per Pack
0 HI $320 Puerto Rico $223 I
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate
since 1999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam
have cigarette tax rates of $100 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages listed above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The
major tobacco states with extensive tobacco farming and often cigarette manufacturing are NC KY VA SC TN amp GA Federal cigarette tax is $101 per pack Not shown are the special taxes or fees some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local governments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) New York City ($150) and Anchorage AK ($2206) The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $1047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn For more information on state cigarette taxes and the benefits from increasing them see
httpwwwtobaccofreekidsorgfacts issuesfact sheetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1400 I Street NW middot Suite 1200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
I i I I I I I I I I i I I I I I I I I II I I I I I I -- - 1 I O i I lt_ H I fi 61
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From Dr Eric L Johnson MD Grand Forks ND
President
Tobacco Free North Dakota
Associate Professor
Department of Family and Community Medicine
UNDSMHS
Director lnterprofessional Education
UNDSMHS
Medical Director
Physician Assistant Program
UNDSMHS
Assistant Medical Director
Altru Diabetes Center
FMC-Aitru Health System
Assistant Medical Director
Valley Memorial Homes
Although Im unable to appear in person Id like to offer information regarding tobacco
specifically cigarette taxation and its specific relationship to reducing youth smoking I have
actively been involved in tobacco related issues since beginning my association with NDQuits
formerly known as the North Dakota Tobacco Quitline
We are fortunate to have up to date quality information to support this effort in reducing
smoking among youth in North Dakota Here is the current state of tobacco use among youth
in our state
Cigarette Use
bull 44 ever tried cigarette smoking (1)
bull 19 smoked cigarettes on at least 1 day during the 30 days before the survey
bull 8 smoked cigarettes on 20 or more days during the 30 days before the survey
bull 47 did not try to quit smoking cigarettes (2)
Other Tobacco Use
bull 14 used chewing tobacco snuff or dip on at least 1 day during the 30 days before the
survey
bull 13 smoked cigars cigarillos or little cigars on at least 1 day during the 30 days before the
survey
Any Tobacco Use
bull 28 smoked cigarettes smoked cigars cigarillos or little cigars or used chewing tobacco
snuff or dip on at least 1 day during the 30 days before the survey
The current data support 2 ways to reduce youth smoking One is instituting smoke free laws
North Dakota voters strongly supported this in the election in November 2012 passing North
Dakotas new smoke-free law by a margin of 2 to 1 with every county and legislative district
voting in favor so its pretty clear this is what the people of North Dakota wanted Although
these laws are primarily designed to reduce the infliction of injury on others from secondhand
smoke smoke-free laws do tend to reduce youth smoking
The other way to reduce youth smoking is to increase taxes per pack of cigarettes
In a newly published study in the prestigious American Journal of Public Health doubling the
price of cigarettes decreased youth smoking by 13 which was the most effective way to cut
smoking in this population Its also estimated that in total in the states that increased tobacco
taxes during the study period resulted in 220000 fewer youth smokers
Other established previously published studies showed other benefits from increasing tobacco
taxes
bull Every 10 percent increase in the real price of cigarettes reduces overall cigarette
consumption by approximately three to five percent reduces the number
of young-adult smokers by 35 percent and reduces the number of kids who smoke by
six or seven percent
bull Cigarette price and tax increases work even more effectively to reduce smoking among
males Blacks Hispanics and lower-income smokers
bull A cigarette tax increase that raises prices by ten percent will reduce smoking among
pregnant women by seven percent saving many newborns from suffering from
smoking-affected births and related health consequences
bull Many states note increase in access to quit services such as what North Dakota has with
NDQuits when tobacco taxes increase Wisconsin and Iowa have notable data in this
area- for example Wisconsin went from about 9000 calls a month to 20000 in a month
after a new cigarette tax In Washington the number of smokers decreased by 100000
after their tobacco tax increase
Now I think many would say that North Dakota doesnt need another taxation revenue stream
and we are fortunate in North Dakota in that regard As well the people of North Dakota have
historically supported tobacco prevention funding- for example the well-known so called
Measure 3 of 2008 Currently North Dakota ranks very low in tobacco tax- we are ranked
46th with a state tax of 44 cents per pack The highest tobacco tax state is New York at $435
per pack The overall average is $128 Some may say that tobacco taxes pay for themselves
with health care but its estimated that each pack of cigarettes generates about $10 in health
care costs
Tobacco use itself remains a very expensive problem for North Dakota with an estimated $247
million spent annually on the treatment of tobacco related diseases Cutting down youth
smoking as well as smoking in other groups as noted has the potential to reduce these costs in
the future
Thank you for your time today and I would be happy to answer any other questions regarding
this or other tobacco related diseases or prevention My contact information can be provided
upon request References are provided as well
httpwwwtobaccofreekidsorgresearchfactsheetspdf0097pdf
httpwww n d health gov tobaccoFacts htm
httpwwwtobaccofreekidsorgresearchfactsheetspdf0146pdf
httpwwwcdcgovhealthyyouthyrbspdftobaccond tobacco combopdf
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use
(J amp bull Centers for Disease Control and Prevention ImiddotJj lldraquoA COC 247 Soving Lives Protecting Peopler-
Tobacco Control State Highlights 2012
Abstract
bull Highlights 2012 Abstract bull Highlights 2012 Cby section)
(tobaccodata statisticsstate datastate highlights2012sectionsindexhtm)
bull Highlights 2012 Buttons (tobaccobuttonsstate highlightsindexhtm)
bull Highlights 2012 Download
Page 1 of3 (
(tobaccodata statisticsstate datastate highlights2012zip fileshighlightszip) (Zip-163 MB)
bull Highlights 2012 Factsheet (tobaccodata statisticsstate datastate highlights2012pdfsfactsheetpdf) (PDF-so KB)
bull STATE System Interactive Maps (tobaccodata statisticsstate datastate highlights2012statesystemindexhtm)
Tobacco Control State Highlights 2012
Tobacco use is the single most preventable cause of death in the United States Each year in
the United States cigarette smoking and exposure to secondhand smoke causes 443000-or 1
in 5 deaths Economic losses are also staggering Smoking-caused diseases result in $96 billion
in health care costs annually
httnmiddotumm lrll anvtnhccnrlata statisticsstate datastate highlights2012indexhtm 1282013
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use Page 2 of3 V-
Some states have significantly improved the health of their citizens by reducing smoking rates
thereby decreasing smoking-related diseases deaths and health care costs Even in
economically challenging times states can make a significant difference in public health by
employing high-impact cost-effective tobacco control and prevention strategies as laid out in
the World Health Organizations MPOWER strategic package of interventions proven to
reduce tobacco use prevalence including
bull Monitor tobacco use and prevention policies bull Protect people from tobacco smoke bull Offer help to quit tobacco use bull Warn people about the dangers of tobacco bull Enforce bans on tobacco advertising promotion and sponsorship bull Raise state cigarette taxes on tobacco
Tobacco Control State Highlights 2012 guides states in developing and implementing highshy
impact strategies and assessing their performance This report also provides state-specific data
intended to-
1 Highlight how some states are making great strides in reducing smoking rates using evidence-based strategies while also showing that more work needs to be done in other states
2 Enable readers to see how their own states perform 3 Help policymakers with decision making
Post and share 2012 Tobacco Control State Highlights Buttons (tobaccobuttonsstate highlightsjindexhtm)
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11ttnwwwcdc 1mvtobaccodata statisticsstate datastate_ highlights2012indexhtm 12820 13
NORTH DAKOTA
Monitor
Adult Current CigaretteSmokeless Tobacco Use
In North Dakota the percentage of adults (ages 18+)
who currently smoke cigarettes was 219 in 2011
Across all states and DC the prevalence of cigarette smoking among adults ranged from 118 to 290
North Dakota ranked 30 among the states
The percentage of adults who currently use smoke-less tobacco was 76 in 2011 Across all states and DC the prevalence ranged from 14 to 98 North Dakota ranked 49 among the states
Current Cigarette and Smokeless Tobacco Use among Adults by Demographic Characteristics
National (median)
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
Less than high school degree
High school degree
More than high school degree
18-24 years old
25-44 years old
45-64 years old
65+ years old
bull Cigarettes
0 10 20
bullbullbull Sample size lt50
ml Smokeless Tobacco
30 40 Percent
50 60 70 80
Source Behavioral Risk Factor Surveillance System 2011
300
NORTH DAKOTA Youth Current CigaretteSmokeless TobaccoCigar Use
In North Dakota the percentage of youth in grades 9-12
who currently smoke cigarettes was 194 in 20 11 The range across 44 states was 59 to 241 North Dakota ranked 34h among 44 states
The percentage of youth who currently use smokeless tobacco was 136 in 2011 The range across 40 states was 35 to 169 North Dakota ranked 36h among 40 states
The percentage of youth who currently smoke cigars was 135 in 201 1 The range across 37 states was 50 to 183 North Dakota ranked 17h among 37 states
The percentage of youth who currently use tobacco (ie cigarettes smokeless tobacco andor cigars) was 283 in 2011 The range across 36 states was 78 to 319 North Dakota ranked 30h among 36 states
Tobacco Use among High School Students by Demographic Characteristics
bull Cigarettes
National
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
9th grade
1Oth grade
11th grade
12th grade
IE Smokeless Tobacco bull Cigars
0 10 20 30 Percent
Cigarettes smokeless tobacco andor cigars Sample size lt100
301
liil Tobacco
40 50 60 70
Source Youth Risk Behavior Survey 2011
NORTH DAKOTA Past-Year Cigarette Initiation
In 2008-2009 of all North Dakota youth ages 12-17
who had never smoked 66 smoked a cigarette for the first time in the past year This ranked 37 in the nation with a range of 33-92 among the states
Of all young adults ages 18-25 who had never smoked 147 smoked a cigarette for the first time in 2008-
2009 This ranked 51 in the nation with a range of 42-147 among the states
Past-Year Cigarette Initiates among Persons Aged 12-25 by Age of First Use 2002-2009
ltfJ c Ql v Ql c
25
20
15
10
5
0
__ Total Initiates -11- Initiates aged 12-17 --+-- Initiates aged 1 8-25
2002-2003 2004-2005 2006-2007 2008-2009
Year Source National Survey on Drug Use and Health 2002-2009
302
NORTH DAKOTA
Protect
Adult Exposure to Secondhand Smoke
Among all adults the percentage who reported being exposed to secondhand smoke within the past 7 days was lower in North Dakota than
Exposure to Secondhand Smoke
in the nation overall In 2009-2010 overall exposure to secondhand smoke in North Dakota was 450 ranking 1 8 among the states
I I I I Overall Workplaces i Homes 1 Vehicles Public Places I I
450
Adults were exposed to secondhand smoke in various locations The table shows the percentage of North Dakota adults who reported any exposure as well as exposure in their home in a vehicle or in indoor or outdoor areas at work or public places in the past 7 days
c Ql
100
Secondhand Smoke Exposure and Opinions about Smoking
in the Workplace bull National bull North Dakota
80
60 Ql a
Adults Reporting Being
Exposed to Secondhand
Smoke (overall)
Adults Who Think
Smoking Should Never be
Allowed in the Workplace
Source National Adult Tobacco Survey 2009-2010
Opinions about Smoking in the Workplace
In 2009-2010 778 of adults in North Dakota thought that smoking should never be allowed in indoor workplaces ranking 30 among the states
303
180 81 150 324 Source National Adult Tobacco Survey 2009-201 0
Smoke-Free Home Rules
In 2009-2010 836 of adults in North Dakota reported that their homes had smoke-free home rules ranking 18 among the states The percentage of homes without smoke-free home rules with children living in them was 284 ranking 11 among the states
Smoke-Free Home Rules and Homes without Rules that have Children
c Ql v Ql a
100
bull National
SmokemiddotFree Home
Rules
bull North Dakota
Homes without Rules
that have Children
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA State Smoke-Free Policy
As ofJune 30 2012 North Dakota had a smokeshyfree law that prohibits smoking in indoor areas of workplaces but not restaurants or bars The state allowed communities to enact local smoke-free laws
Note See Appendix B for updated legislation rhar rakes effect afrer June 30 2012
Offer
Adults Who Made a Quit Attempt in the Last Year
During 2009-2010 552 of North Dakota adult smokers made a quit attempt in the past year ranking 22d among the states
National
Percentage of Smokers Attempting to Quit
WORSE
In North Dakota
552 of adults made a quit attempt
ranking 22d
Source National Adult Tobacco Survey 2009-2010
Quitline Utilization
In 2010 the North Dakota quidine received 7478
calls and 1 342 tobacco users (an estimated 12 of all tobacco users in the state) received telephone counseling cessation medications or both from the state qui dine
Smoke-Free Legislation
I I Local Laws Workplaces Restaurants l Bars Permitted
Yes
I I
No No Yes Designated Smoking Areas t Ventilated Smoking Areas
bull Allowed for nonshyhospitality workplaces
1 Prohibited ror nonshyhospitJiity workplaces
t No Restrictions Allowed smoking in venues that prohibit minors
Note Not all footnotes may be used Source STATE System June 2012
304
Medicaid Coverage for Counseling and Medications
In 2010 North Dakotas Medicaid program provided incomplete coverage through Medicaid for tobaccoshydependence treatment North Dakota provided full coverage for some nicotine replacement therapies full coverage for varenicline full coverage for bupropion and no coverage for counseling (individual or group)
Medicaid Coverage for Counseling and Medications
Comprehensive Coverage
No
I Counseling NRT
Ms (On
1e or 1 Varenicline Jl Bupropion (Individual
ore andor Group)
Yes Yes Yes No
Pregnant women only t Fee-for-service only
Available only via the quitline
Note Not all footnotes may be used Source Halpinet a 2011
NORTH DAKOTA
Warn
Tobacco Counter-Marketing Media Intensity
CDC Best Practices recommendations translate into an average quarterly exposure of 1200 general audience gross raring points (GRPs) and 800 youth target raring points (TRPs) in effective anti-tobacco media campaigns North Dakota had an average of 10356 general audience GRPs and 1436 youth TRPs per quarter in television advertising supporting tobacco control messages in 2010
Anti-Tobacco Media Campaign Intensity G RPs Per Quarter
National
Median
2427 GRPs
General Audience
WORSE
North Dakota
Average 10356
GRPs (101h)
Source CDCOSH
Anti-Tobacco Media Campaign Intensity T RPs Per Quarter
National
Median
3 97TRPs
Youth (12-17Years)
WORSE
North
Dakota Average 1436 TRPs (13h)
Source CDCOSH
305
Knowledge of the Dangers of Tobacco
In North Dakota 657 of adults thought that breathing smoke from other peoples cigarettes or other tobacco products is very harmful to ones health in 2009-2010 Additionally 832 thought that cigarette smoking is very addictive
Secondhand Smoke
National
Average
656
WORSE
In North Dakota 657 of adults thought
__ secondhand smoke is very harmful The range
across all states was 721 to 559 North
Dakota ranked 17h
among the states
Source National Adult Tobacco Survey 2009-2010
Addictiveness of Smoking
National
Average
854
WORSE
In North Dakota 832 of adults thought that
smoking is very addictive The range across all states was
905 to 806 North __ Dakota ranked 45h among the states
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA
Enforce
State Allows Local Advertising and Promotion Laws State Allows Local Laws
As ofJune 30 2012 North Dakota allowed local regulation of tobacco industry promotions tobacco product sampling and display of tobacco products in commercial establishments
Promotion t Sampling I Display
Yes Yes Yes Source STATE System June 2012
Over-the-Counter Retail Licensure
As of June 30 2012 North Dakota required all establishments selling cigarettes and smokeless tobacco products over-the-counter to be licensed Nationally 37
states required over-the-counter licensure for cigarettes 29 of which also have a requirement for smokeless tobacco with various renewal frequencies fees and penalties for violations
Over-the-Counter Licensure and Penalties
Over-the- Minimum I Renewal I Penalty to Licensure Counter License License Fee Required I Business Includes _ Rqired _ _ (amp Frequelcy) _ Sruo_kes Toacc
$1500
Yes Yes
bull Annually Note Not all footnotes may be used bull Class A Misdemeanor Fine or Imprisonment or both Source STATE System June 2012
306
NORTH DAKOTA
Raise
Amount of Tobacco Product Excise Tax
As of June 302012 the excise tax on cigarettes in North Dakora was $044 per pack ranking 46h among the states The tax on cigars was 28 of the wholesale purchase price per cigar and for little cigars the tax was 28 of the wholesale purchase price per pack of 20 The tax on chewing tobacco was $0 I 6 per ounce with snuff taxed at $060 per ounce
Amount of Cigarette Excise Tax
National
Median
$1339
WORSE
As of June 30 2012
North Dakota had a
$044 cigarette excise tax-ranking 461h
among the states The range across states was
$435 to $017 per pack
Source STATE System June 2012
307
Price Paid for Last Cigarettes Purchased
In North Dakota 656 of adult smokers bought their last cigarettes by the pack and 344 bought them by the carton in 2009-2010 The average price that North Dakota smokers reported paying for their last pack of cigarettes was $433 in 2009-201 0 the range among states was $798 to $404 The average price that North Dakota smokers reponed paying for their last carton of cigarettes was $3561 in 2009-2010 the range among 45
states with valid data was $6445 to $3046
CAMPAIGN ov ToBACco-fREE
Kirk-middot
bull
ancer Action jii
N EW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVI NGS FROM A $100 CIGARETTE TAX I N C REASE I N NORTH DAKOTA
Cu rrent state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $1 048 per pack
Annual health care expenditu res in North Dakota directly caused by tobacco use $247 m illion S mokin g-caused state Med icaid program spending each year $47 mi l l ion
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $325 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase Percent decrease in youth smoking 154
-- -- -------------------------------------
Kids in North Dakota kept from becoming addicted adult smokers 6300 ------------------ --------------------------------------------------------------------------------
Current adult smokers in the state who would quit 5200 -----------------------------------------------------------------
Smoking-affected births avoided over next five years 900 -- -- --------
North Dakota residents saved from premature smoking-caused death 3400 ----middot-------------------- ------------------------------------------- middot --
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000 ------------ -----------------------------------
5- Year health care cost savings from fewer smoking-affected pregnancies amp births $213 mil l ion f-------------------------------------------------------------------------------------------------------------------------5- Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 mil l ion r------------------------------------------------------------------------------------------------------5- Year Medicaid program savings for the state $240000 ------------------------------------------------------------------------------------------------------- -----------
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 mil l ion 122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly diminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new reven ues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider all aspects of state tax pol icy related to OTPs (incl uding the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category linked to the state cigarette tax rate on a per-package or pe r-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoliciesltaxlus state local and httpwwwacscanorqltobaccopolicv
For more on sources and calculations see httpllwwwtobaccofreekidsorgresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Explanations amp Notes
Health care costs l isted at the top of the page are from the US Centers for Disease Control and Prevention
Projections a re based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the higher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggling and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion httptobaccofreekidsorgresearchfactsh eetspdf0274pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate i ncrease All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are limited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also limited because small tax i ncreases are unl ikely to produce significant public health benefits
Ongoing reductions in state smoking rates wil l over time gradually erode state cigarette tax revenues (in the absence of any new rate increases) But those declines are more predictable and less volatile than many other state revenue sources such as state income tax or corporate tax revenues (which can drop sharply during recessions) In addition the smoking declines that reduce tobacco tax revenues will simultaneously produce much larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdf0357pdf
For more on sources and calculations see httplwww tobaccofreekidsorqresearchlfactsheetslpdf028 1pdf
Needed State Efforts to P rotect State Tobacco Tax Revenues
Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qual ifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on all tobacco products to block tax evasion and promote tax equity No
High-tech tax stamps to stop counterfeiting and other smuggling and tax evasion No
Retailers lose license if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
North Dakota Tobacco Prevention and Control Executive Comm ittee
Center for Tobacco Prevention and Control Policy 4023 State Street Suite 65 bull Bismarck N D 58503-0638
Phone 70 1 328 5 1 30 middot Fax 701 328 5 1 35 middot Tol l Free 1 877277 5090
Testimony House Bil l 1 387
1 0 00 am Jan uary 29 20 1 3 House F inance and Taxation Comm ittee
Good morning Chairman Belter and members of the House Finance and Tax Committee I am Jeanne Prom executive director of the N D Center for Tobacco Prevention and Control Policy
I ncreasing the tobacco tax sig nificantly wil l lead to a decrease in tobacco use in our state Tobacco use is the leading cause of preventable disease and death and the tol l of tobacco u se in North Dakota is hig h
bull An n ual health care costs in North Dakota directly caused by smoking $247 mil l ion bull Portion paid by the state Medicaid prog ram annually $47 mil l ion bull N u mber of North Dakota adu lts who will die from smoking this year 800 bull High school students who smoke 7 400 (1 94) bull Male hig h school students who use smokeless or spit tobacco 22 2 bull Kids u nder 1 8 who become new daily smokers each year 600
The North Dakota Tobacco Prevention and Control Advisory Committee in its plan Saving Lives - Saving Money North Dakota s Comprehensive State Plan to Prevent and Control Tobacco Use cal ls for a sig nificant increase in al l tobacco taxes - to $2pack - to keep kids from starting and prompt users to quit As you can see on the attachments North Dakotas tobacco tax is one of the lowest in the country at 44 centspack This tax hasnt been increased since 1 993 The low tax resu lts in inexpensive tobacco that is affordable to youth and populations with l imited incomes and high smoking rates High tobacco taxes work most effectively to cut use among lower-income smokers and young male smokeless tobacco users - two g roups that suffer disproportionately from the harms of tobacco use
Tobacco use and its health hazards are completely preventable Raising the tobacco tax to $2pack with a comparable tax amou nt on other tobacco products can be expected to
bull Decrease youth smoking by 24 bull Reduce the number of kids from becoming addicted adult smokers by 9 900 bull Reduce the n umber of adults in the state who smoke by 8 200 bull Save the state mil l ions of dol lars in smoking-related health care costs over j ust 5 years
Please consider H B 1 387 with amendments to i ncrease the tobacco tax to $2pack with a comparable tax increase on al l other tobacco products
Thank you for your time and consideration I am happy to respond to any questions
The To bacco i n N o rth Da kota Updated Dec 5 2012
The Tol l of Tobacco in North Dakota
High school students who 1 94 (7400)
smoke middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot
Male high school stuents who 222
S SrlkS r Pt
t
Kids (under 1 8) who become 600
-middot- -IY S- X
Kids exposed to secondhand 42000
smoke at home Packs of cigarettes bought or
1 9 m il l ion lt9 Y i
------ Xr
Adu lts in North Dakota who smoke
21 9 ( 1 1 6 600)
Due to changes in CDCs methodology the 20 1 1 adult smoking rate cannot be
compared to adult smoking data from previous years
US National Data (201 1 )
i- -ltl flin
rt
Male h igh school students who 1 28
use smokeless tobacco
- n9 1 g(
Deaths i n North Da kota from Sm oking
Adults who die each year from th
k 800
e1r own smo mg
Kids now under 1 8 and alive in North Dakota who will ultimately 1 1 000 die prematurely from smoking
Smoking kil ls more people than alcohol AIDS car crashes i l legal drugs murders and suiCides combined - and thousands more die from other tobacco-related
causes - such as fires caused by smoking (more than 1 000 deathsyear nationwidr d smokeless tobacco use
Sm oking-Caused Monetary Costs in North Dakota
Annual health care costs in North Dakota directly caused by$247 m i ll ion
ltn
Portion covered by the state $47 m il l ion
-ii P9--
Residents state amp federal tax burden from srnoking-caused $574 per house hold
V-nt Pn i_
t
r
Smoking-caused productivity $ 1 92 m i l l ion
losses in North Dakota
Amounts do not include health costs caused by exposure to secondhand smoke smoking-caused fires smokeless tobacco use or cigar and pipe smoking Tobacco vse also imposes additional costs such as workplace productivity losses and damage to property
Tobacco Industry I nflue nce in North Dakota
Annual tobacco industry marketing expenditures nationwide
$85 bil l ion
Estimated portion spent for North Dakota marketing each $257 m il l ion
year
Published research studies have found that kids are twice as sensitive to tobacco advertising than adults and are more l ikely to be influenced to smoke by cigarette marketing than by peer pressure One-third of underage experimentation with smoking is attributable to tobacco company advertising
View sources of information
More detailed fact sheets on tobaccos toll in each state are avai lable by emailing factsheetstobaccofreekids org
CAMPAIGN middot ov
ToBA((o-fRpoundpound K ick
Guam $300 No Marianas Islands $1 75
MAP OF STATE CIGARETTE TAX RATES
Average State Cigarette Tax $1 48 per Pack
Average Cigarette Tax in M ajor Tobacco States 485 cents per Pack
Average Cigarette Tax in N on-Tobacco States $1 61 per Pack
TX $1 41
gt
$320 Puerto Rico $223
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate since 1 999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $ 1 00 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or h igher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages l i sted above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The major tobacco states with extensive tobacco farming and often cigarette manufacturin g are NC KY VA SC TN amp GA Federal cigarette tax is $1 01 per pack Not shown are the special taxes or fee s some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local g overnments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) N ew York City ($1 50) and Anchorage AK ($2206) The U S Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $ 1 047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn
For m o re information on state cigarette taxes and the benefits from increasing them see httpwwwtobaccofreekidsorgfacts issuesfact s h eetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1 400 I Street NW middot Suite 1 200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekid sorg
State Tax
Alabama $0425 Alaska $200 Arizona $200 Arkansas $1 1 5 California $087 Colorado $084 Connecticut $340 Delaware $1 60 DC $250 Florida $1 339 Georgia $037 Hawai i $320 Idaho $057 I l l inois $1 98
Indiana $0995 Iowa $ 1 36 Kansas $079 Kentucky $060
STATE CIGARETTE EXCISE TAX RATES amp RANKINGS
Overal l All States Average $1 48 per pack
Major Tobacco States Average 485 cents per pack Other States Average $1 61 per pack
Rank State Tax Rank State
47th Louisiana $036 49th Oklahoma 1 1 th Maine $200 1 1 th Oregon 1 1 th Maryland $200 1 1 th Pennsylvania 30th Massachusetts $251 9th Rhode Island 33rd Michigan $200 1 1 th South Carolina 34th Minnesota $1 23 28th South Dakota 3rd Mississippi $068 37th Tennessee
2 1 st Missouri $0 1 7 5 1 st Texas 1 0th Montana $1 70 1 7th Utah 26th Nebraska $064 38th Vermont 48th Nevada $080 35th Virginia 4th New Hampshire $ 1 68 1 9th Washington
42nd New Jersey $270 6th West Virgin ia 1 6th New Mexico $1 66 20th Wisconsin
32nd New York $435 1 st Wyoming 25th North Carolina $045 45th Puerto Rico 36th North Dakota $044 46th G uam 40th Ohio $ 1 25 27th Northern Marianas
Tax stamp Includes 75cent health 1mpact fee
Tax Rank
$1 03 3 1 st $1 1 8 29th $1 60 2 1 st $350 2nd $057 42nd $ 1 53 23rd $062 39th $1 41 24th $1 70 1 7th $262 7th $0 30 50th
$3025 5th $055 44th $2 52 8th $060 40th $223 NA $300 NA $1 75 NA
Table shows al l cigarette tax rates in effect now Since 2002 47 states DC and several US territories have increased their cigarette tax rates more than 1 05 times The three states in bold type have not increased their cigarette tax since 1 999 or earlier Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $1 00 per pack or higher 14 states DC and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $4 00 per pack Tobacco states are KY VA NC SC GA and TN States average includes DC but not Puerto Rico other U S territories or local cigarette taxes The median tax rate is $1 34 per pack AK M l MN MS UT also have special taxes or fees on brands of manufacturers not participating in the state tobacco lawsuit settlements (NPMs)
The highest combined state-local tax rate is $585 in New York City with Chicago IL second at $566 per pack Other high state-local rates include Evanston IL at $548 and Anchorage AK at $4206 per pack For more on local cigarette taxes see httptobaccofreekids orgresearchfactsheetspdf0267 pdf
Federal cigarette tax is $1 01 per pack From the beginning of 1 998 through 2002 the m ajor cigarette companies increased the prices they charge by more than $1 25 per pack (but also instituted aggressive retail-level discounting for competitive pu rposes and to reduce related consumption declines) In January 2003 Philip Morris instituted a 65-cent per pack price cut for four of its major brands to replace its retail-level discounting and fight sales losses to discount brands and R J Reynolds followed suit In the last several years the major cigarette companies have increased their product prices by almost $ 1 00 per pack The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs total $1047 per pack sold and consumed in the US The average price for a pack of cigarettes nationwide is roughly $600 (including statewide sales taxes but not local cigarette or sales taxes other than NYCs $1 50 per pack cigarette tax) with considerable state-to-state differences because of d ifferent state tax rates and different manufacturer wholesaler and retailer pricing and discounting practices AK DE MT NH amp OR have no state retai l sales tax at al l OK has a state sales tax but does not apply it to cigarettes MN amp DC apply a per-pack sales tax at the wholesale level and AL GA amp MO (unl ike the rest of the states) do not apply their state sales tax to that portion of retai l cigarette prices that represents the states cigarette excise tax
Campaign for Tobacco-Free Kids December 13 2012 I Ann Boonn
For additional i nformation see the Cam paigns website at httplwwwtobaccofreekidsorgwhat we dostate localtaxes
Sources Orzechowski amp Walker Tax Burden on Tobacco 201 1 media reports state revenue department websites
middot Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change ih the actual excise tax rates just the way that the rates are listed
1 400 I Street NW - Suite 1 200 - Washington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
CAMPAIGN kJI TOigtAltpound0-fRpoundpound
K ick
NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $156 CIGARETTE TAX INCREASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $ 1 048 per pack
Annual health care expend itures in North Dakota directly caused by tobacco use $247 m ill ion Smoking-caused state Med icaid program spending each year $47 m il lion
New Annual Revenue from Increasing the Cigarette Tax Rate by $156 Per Pack $4109 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate I nc rease
Percent decrease in youth smoking 240 Kids in North Dakota kept from becoming addicted adult smokers 9900 Current adult smokers in the state who would quit 800 Smoking-affected births avoided over next five years 1 500 North Dakota residents saved from premature smoking-caused death 5400 5-Year health care cost savings from fewer smoking-caused lung cancer cases $1 26 million
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $333 mill ion
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $233 mill ion
5-Year Medicaid program savings for the state $380000 Long-term health care cost savings in the state from adult amp youth smoking declines $35066 mil l ion
122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years wi l l similarly diminish or el iminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider al l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $2 00 per pack cigarette tax the states new OTP tax rate should be at least 60 of the wholesale price with m inimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoiciesltaxlus state local and httpllwwwacscanorqltobaccopoicy
For m ore on sources and calculations see httpllwwwtobaccofreekidsorglresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer A ction Network Melissa Maitin-Shepard
Explanations amp Notes Health care costs l isted at the top of the page are from the US Centers for Disease Control and P revention
Projections are based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the h igher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggl ing and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion http 1tobaccofreekids orgresearchfactsheetspdf027 4 pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate increase All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are l imited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also l imited because small tax increases are unl ikely to produce significant public health benefits
Ongoing red uctions in state smoking rates will over time gradually erode state cigarette tax revenues (in the absence of any new rate i ncreases) But those declines are more predictable and less volatile than many other state revenue sources such as state i ncome tax or corporate tax revenues (which can drop sharply during recessions) I n addition the smoking declines that reduce tobacco tax revenues will sim ultaneously produce m uch larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdfl0357 pdf
For more on sources and calculations see httpllwww tobaccofreekidsorqlresearchlfactsheetspdf0281 pdf
Needed State Efforts to Protect State Tobacco Tax Revenues Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qualifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on al l tobacco products to block tax evasion and promote tax equity No
H ig h-tech tax stamps to stop counterfeiting and other smuggl ing and tax evasion No
Retailers lose l icense if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
Testimony of Bill Shalhoob
Greater North Dakota Chamber of Commerce HB 1 3 87
January 29 20 1 3
Greater North Dakota Chamber
Mr Chairman and members of the committee My name is Bill Shalhoob and I am here today representing the Greater North Dakota Chamber of Commerce the champions for business in North Dakota GNDC is working to build the strongest business environment possible through its more than 1 1 00 business members as well as partnerships and coalitions with local chambers of commerce from across the state GNDC also represents the National Association of
Manufacturers and works closely with the US Chamber of Commerce As a group we stand in opposition to HB 1d urge a do not pass from your committee on the bill
nn GNDC has a long history of opposing excise taxes which we believe are onerous and unfair
We have a difficult time understanding this bill and the tax increase from 1 7 mills to 45 mills a
1 65 raise according to our math proposed in it North Dakota certainly does not need the
additional revenue that might come from this tax increase Our focus in this session is on tax decreases not increases If we are trying to do social engineering that is to discourage the practice the tax code is a poor place to do it If the goal is to eliminate smoking introduce a bil l prohibiting the sale or use of tobacco products in the state As witnessed by our experience with Minnesota increasing their cigarette tax with a health fee all we do is drive sales to a lower priced location by passing this bil l We see no acceptable reason to enact this tax
Thank you for the opportunity to appear before you today in opposition to HB 1 3 87 I would be happy to answer any questions
Champions Business
PO Box 2639 P 701middot222-0929 Bismarck NO 58502 F 701-222-1611
wwwndcharnbercorn
w - -I --------
North Dakota Retai l Association NO Petroleum Marketers Association
North Dakota Propane Gas Association
---- LEG S LAT VE BU LLET N Testimony- HB 1387
January 29 2013- House Finance and Tax Committee
Chairman Belter and Members of the House Finance and Tax Committee
We know any type of tax tends to put the squeeze on consumer spending potentially strain
household budgets and curb retail sales Which is exactly why the North Dakota Petroleum
Marketers Association and its 400 members from across the state are asking you to vote
NO on HB 1387
Passage of HB 1387 will burden North Dakotas lower Income Earners Cigarette
excise taxes are regressive in nature B ased on data from the Center for
Disease Control roughly 30 of adults in North Dakota who earn less than
$ 15000 are smokers whereas only 160 of adults who earn $50000 or
more are smokers Raising taxes will further unfairly burden low-income
earners
Passage of HB 1387 will harm the retail sector as well
Increasing the excise tax could hurt legitimate retailers when
adult smokers shift purchases to other outlets such as the internet This
would negatively affect North Dakota s 1 300 retailers
Even more pressing is the fear Passage of HB 1387 could increase illegal cigarette trafficking
An excise tax increase could provide incentives for smuggling and other
contraband activities resulting in lost revenues According to the Bureau of
1 02 5 North 3rd Street bull PO Box 1 9 5 6 bull Bismarck NO 58502 bull 701 -223-3370 bull Fax 7 0 1 -223-5004 Web Address ndretailorg bull ndpetroleumorg bull ndpropaneorg
Alcohol Tobacco Firearms and Explosives cigarette smuggling has
turned into a lucrative business for criminals who trade cigarettes and other
tobacco products on the black market Nationally its estimated $5 billion in
tax revenue annually is lost on the black market
For all of these reasons NDPMA is asking for a NO vote on HB 1387
Thank you for your time and consideration
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote
middot
2013 HOUSE STANDING COMMITTEE MINUTES House Finance and Taxation Committee
Fort Totten Room State Capitol
HB 1387 January 30 2013
Job 18032
D Conference Committee
Explanation or reason for introduction of billresolution
A Bil l relating to an increase in the tobacco products tax rate for cigarettes and to provide an effective date
Minutes
Chairman Belter Opens HB 1387
Rep Headland Do Not Pass
Rep Dockter Second
Yes 12
No 1
Absent 1
Carried by Rep Froseth
BillResolution No HB 1 387
FISCAL NOTE Requested by Legislative Council
01212013
1 A State fiscal effect Identify the state fiscal effect and the fiscal effect on agency appropriations compared to funding I I d t r middot t d d t l eve s an appropna 10ns an tctpa e un er curren
2011-2013 Biennium
aw
2013-2015 Biennium
General Fund Other Funds General Fund Other Funds
Revenues $59068000
Expenditures
Appropriations
2015-2017 Biennium
General Fund Other Funds
1 B County city school district and township fiscal effect Identify the fiscal effect on the appropriate political subdivision
2011-2013 Biennium 2013middot2015 Biennium 2015middot2017 Biennium
Counties
Cities
School Districts
Townships
2 A Bill and fiscal impact summary Provide a brief summary of the measure including description of the provisions having fiscal impact (limited to 300 characters)
HB 1 387 raises the cigarette tax rate from $44 to $1 00 per package of 20 cigarettes
B Fiscal impact sections Identify and provide a brief description of the sections of the measure which have fiscal impact Include any assumptions and comments relevant to the analysis
3 State fiscal effect detail For information shown under state fiscal effect in 1A please
A Revenues Explain the revenue amounts Provide detail when appropriate for each revenue type and fund affected and any amounts included in the executive budget
If enacted HB 1 387 is expected to increase revenues in the state general fund by an estimated $59068 million in the 201 3- 1 5 biennium
B Expenditures Explain the expenditure amounts Provide detail when appropriate for each agency line item and fund affected and the number of FTE positions affected
C Appropriations Explain the appropriation amounts Provide detail when appropriate for each agency and fund affected Explain the relationship between the amounts shown for expenditures and appropriations Indicate whether the appropriation is also included in the executive budget or relates to a continuing appropriation
Name Kathryn L Strombeck
Agency Office of Tax Commissioner
Telephone 328-3402
Date Prepared 0 1 2820 1 3
Date I - 3 0 - I 3 Roll Call Vote ---- __ _
2013 HOUSE STAN DING COMMITTEE ROLL CALL VOTES
BILLRESOLUTION NO I 3 ] House Finance and Taxation
0 Check here for Conference Committee
Legislative Council Amendment Number
Committee
Action Taken 0 Do Pass Do Not Pass 0 Amended 0 Adopt Amendment
0 Rerefer to Appropriations 0 Reconsider
Motion Made By Seconded By
Representatives Ye No Representatives Chairman Wesley Belter _v Rep Scot Kelsh Vice Chairman Craig Headland z Rep Steve Zaiser Rep Matthew Klein v Rep Jessica Haak Rep David Drovdal v Rep Marie Strinden Rep Glen Froseth v Rep Mark Owens v Rep Patrick Hatlestad V Rep Wayne Trottier Rep Jason Dockter I Rep Jim Schmidt j
Yes Nv
- v v
Total (Yes) I d No _ ___ ________ _
Absent I Floor Assignment
If the vote is on an amendment briefly indicate intent
Com Standing Committee Report January 30 2013 456pm
Module ID h_stcomrep_17 _023 Carrier Froseth
REPORT OF STANDING COMMITTEE HB 1387 Finance and Taxation Committee (Rep Belter Chairman) recommends DO
NOT PASS (12 YEAS 1 NAYS 1 ABSENT AND NOT VOTING) HB 1387 was placed on the Eleventh order on the calendar
(1) DESK (3) COMMITIEE Page 1 h_stcomrep_1 7 _023
2013 TESTIMONY
HB 1387
Just to set the stage let me pass on what King James I said when he was first presented with tobacco in 1604 After smoking it he became sick and later wrote that tobacco was loathsome to the eye hateful to the nose harmful to the brain and dangerous to the lungs
The purpose of this bill is not to raise money It is to give an extra incentive to help
people quit smoking If enacted HB 1387would raise North Dakotas cigarette tax
by 56 cents from 44 cents a pack to $100 a pack That would increase the cost of
a pack by between 10 and 15 percent depending on the cost of the brand today
Nmih Dakota is one of three states which have not raised their tobacco tax since 1999 The average for all states is $148 a pack The average for all non-tobaccoshyproducing states is $161 a pack 45 states have cigarette taxes higher than Nmih Dakotas North Dakota lags well behind its bordering states South Dakota hardly a high tax state levies $153 per pack Minnesota $156 and Montana $170
Now how effective will increasing the cigarette tax be in reaching its goal to decrease smoking rates in North Dakota
A Dece1nber 1998 study of cigarette price elasticity by Credit Suisse First Boston Corporation concluded that conservatively cigarette consumption would decline by four percent for every 10 increase in price
A more recent study finds that each 10 price increase reduces youth smoking by 65 adult smoking by 2and total consumption by about 4oo
And reports from other states of actual declines in smoking following tax increases confirms that sturdy tax increases are effective in reducing smoking rates In 2009 Arkansas raised its tax by 56 cents to $115 within the first year after the tax increase sales of cigarettes declined by 27 In 2007 South Dakota raised its tax by $100 to $153 and experienced a 26 decline in sales In the same year Texas raised its tax a dollar to $141 and cut sales of cigarettes by 21 oo
I have three reasons for wanting to help people quit smoking one is personal one is humanitarian and the third is economic First the personal I tried to quit three times but lapsed each time Ill never forget how angry I was at myself for being controlled by a powerful force It was only when I calculated how much I was spending a year on cigarettes and what I couldnt buy because of smoking that I was able to quit
Secondly I hate to see people many of whom are addicted suffer needlessly have years cut off their lives their family broken by emphysema heart disease cancer and early death And finally to my economic concern The 186 of North Dakotans who smoke are responsible for $24 7 million a year in health care expenditures That cost is passed on to the rest of us in the form of higher insurance premiums higher Medicaid costs and higher hospital uncollectables Reduction in the number of smokers means a reduction in health care premiums for the rest of us
A December 30 2010 Fargo Forum editorial summed up the case for raising taxes on cigarettes In concert with public smoking bans cessation programs and antishysmoking campaigns higher tobacco taxes are an important tool to persuade smokers to snuff out the habit--or better yet convince teens never to start
Research shows higher taxes pay public dividends A 10 increase in the real price of cigarettes will reduce adult smoking by 2 and cut teen smoking by
roughly 7 That would make a difference in North Dakota where tobacco use rates are high 22 of students in grade nine smoke Thats alarmingly high and greater than the percentage of adults which is 18
Make no mistake taxpayers pay for smokers Medicaid costs for smoking- related illnesses are estimated at $47 million a year Factor in lost productivity--$192 million a year--and all direct medical expenditures--$250 million a year-- and the cost of cigarettes adds up to roughly $700 a year per person
I said at the beginning that the purpose of this increase in cigarette taxes was not to raise revenues But it will bring in somewhere around $32 million next biennium As the bill stands now that money would simply go into the General Fund But I could see the money being targeted for instance it could help pay for Medicaid costs related to smoking or it could provide $4000 college scholarships to 4000 needy students or to high achieving students in STEM fields Or it could be split among North Dakota hospitals to help pay for uncompensated care losses especially in the west Should the committee have any interest in the bill I would cetiainly be open to an amendment targeting the increased funds to any purpose committee members thought appropriate
I hope the committee will add one more tool to help addicted people kick this habit and compensate the state for the large medical costs created by smoking
bull
CAMPAIGN (ov ToYgtACco-fRpoundpound
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NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $100 C IGARETTE TAX INC REASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $10 48 per pack
Annual health care expenditures in North Dakota directly caused by tobacco use $247 million Smoking-caused state Medicaid program spending each year $47 million
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $3235 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase
Percent decrease in youth smoking 154
Kids in North Dakota kept from becoming addicted adult smokers 6300
Current adult smokers in the state who would quit 5200
Smoking-affected births avoided over next five years 900
North Dakota residents saved from premature smoking-caused death 3400
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $213 million
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 million
5-Year Medicaid program savings for the state $240000
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 million
122112 TFKI January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly d iminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products I t is important to consider a l l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $ 1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorglfacts issuesfact sheetslpoliciesltaxlus state local and httpllwwwacscanorgltobaccopolicv
For more on sources and calculations see httpwwwtobaccofreekidsorqresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Guam $300 No Marianas Islands $175
MAP O F STATE C IGARETTE TAX RATES
Average State Cigarette Tax $148 per Pack Average Cigarette Tax in Major Tobacco States 485 cents per Pack
Average Cigarette Tax in Non-Tobacco States $161 per Pack
0 HI $320 Puerto Rico $223 I
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate
since 1999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam
have cigarette tax rates of $100 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages listed above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The
major tobacco states with extensive tobacco farming and often cigarette manufacturing are NC KY VA SC TN amp GA Federal cigarette tax is $101 per pack Not shown are the special taxes or fees some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local governments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) New York City ($150) and Anchorage AK ($2206) The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $1047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn For more information on state cigarette taxes and the benefits from increasing them see
httpwwwtobaccofreekidsorgfacts issuesfact sheetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1400 I Street NW middot Suite 1200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
I i I I I I I I I I i I I I I I I I I II I I I I I I -- - 1 I O i I lt_ H I fi 61
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From Dr Eric L Johnson MD Grand Forks ND
President
Tobacco Free North Dakota
Associate Professor
Department of Family and Community Medicine
UNDSMHS
Director lnterprofessional Education
UNDSMHS
Medical Director
Physician Assistant Program
UNDSMHS
Assistant Medical Director
Altru Diabetes Center
FMC-Aitru Health System
Assistant Medical Director
Valley Memorial Homes
Although Im unable to appear in person Id like to offer information regarding tobacco
specifically cigarette taxation and its specific relationship to reducing youth smoking I have
actively been involved in tobacco related issues since beginning my association with NDQuits
formerly known as the North Dakota Tobacco Quitline
We are fortunate to have up to date quality information to support this effort in reducing
smoking among youth in North Dakota Here is the current state of tobacco use among youth
in our state
Cigarette Use
bull 44 ever tried cigarette smoking (1)
bull 19 smoked cigarettes on at least 1 day during the 30 days before the survey
bull 8 smoked cigarettes on 20 or more days during the 30 days before the survey
bull 47 did not try to quit smoking cigarettes (2)
Other Tobacco Use
bull 14 used chewing tobacco snuff or dip on at least 1 day during the 30 days before the
survey
bull 13 smoked cigars cigarillos or little cigars on at least 1 day during the 30 days before the
survey
Any Tobacco Use
bull 28 smoked cigarettes smoked cigars cigarillos or little cigars or used chewing tobacco
snuff or dip on at least 1 day during the 30 days before the survey
The current data support 2 ways to reduce youth smoking One is instituting smoke free laws
North Dakota voters strongly supported this in the election in November 2012 passing North
Dakotas new smoke-free law by a margin of 2 to 1 with every county and legislative district
voting in favor so its pretty clear this is what the people of North Dakota wanted Although
these laws are primarily designed to reduce the infliction of injury on others from secondhand
smoke smoke-free laws do tend to reduce youth smoking
The other way to reduce youth smoking is to increase taxes per pack of cigarettes
In a newly published study in the prestigious American Journal of Public Health doubling the
price of cigarettes decreased youth smoking by 13 which was the most effective way to cut
smoking in this population Its also estimated that in total in the states that increased tobacco
taxes during the study period resulted in 220000 fewer youth smokers
Other established previously published studies showed other benefits from increasing tobacco
taxes
bull Every 10 percent increase in the real price of cigarettes reduces overall cigarette
consumption by approximately three to five percent reduces the number
of young-adult smokers by 35 percent and reduces the number of kids who smoke by
six or seven percent
bull Cigarette price and tax increases work even more effectively to reduce smoking among
males Blacks Hispanics and lower-income smokers
bull A cigarette tax increase that raises prices by ten percent will reduce smoking among
pregnant women by seven percent saving many newborns from suffering from
smoking-affected births and related health consequences
bull Many states note increase in access to quit services such as what North Dakota has with
NDQuits when tobacco taxes increase Wisconsin and Iowa have notable data in this
area- for example Wisconsin went from about 9000 calls a month to 20000 in a month
after a new cigarette tax In Washington the number of smokers decreased by 100000
after their tobacco tax increase
Now I think many would say that North Dakota doesnt need another taxation revenue stream
and we are fortunate in North Dakota in that regard As well the people of North Dakota have
historically supported tobacco prevention funding- for example the well-known so called
Measure 3 of 2008 Currently North Dakota ranks very low in tobacco tax- we are ranked
46th with a state tax of 44 cents per pack The highest tobacco tax state is New York at $435
per pack The overall average is $128 Some may say that tobacco taxes pay for themselves
with health care but its estimated that each pack of cigarettes generates about $10 in health
care costs
Tobacco use itself remains a very expensive problem for North Dakota with an estimated $247
million spent annually on the treatment of tobacco related diseases Cutting down youth
smoking as well as smoking in other groups as noted has the potential to reduce these costs in
the future
Thank you for your time today and I would be happy to answer any other questions regarding
this or other tobacco related diseases or prevention My contact information can be provided
upon request References are provided as well
httpwwwtobaccofreekidsorgresearchfactsheetspdf0097pdf
httpwww n d health gov tobaccoFacts htm
httpwwwtobaccofreekidsorgresearchfactsheetspdf0146pdf
httpwwwcdcgovhealthyyouthyrbspdftobaccond tobacco combopdf
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use
(J amp bull Centers for Disease Control and Prevention ImiddotJj lldraquoA COC 247 Soving Lives Protecting Peopler-
Tobacco Control State Highlights 2012
Abstract
bull Highlights 2012 Abstract bull Highlights 2012 Cby section)
(tobaccodata statisticsstate datastate highlights2012sectionsindexhtm)
bull Highlights 2012 Buttons (tobaccobuttonsstate highlightsindexhtm)
bull Highlights 2012 Download
Page 1 of3 (
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Tobacco Control State Highlights 2012
Tobacco use is the single most preventable cause of death in the United States Each year in
the United States cigarette smoking and exposure to secondhand smoke causes 443000-or 1
in 5 deaths Economic losses are also staggering Smoking-caused diseases result in $96 billion
in health care costs annually
httnmiddotumm lrll anvtnhccnrlata statisticsstate datastate highlights2012indexhtm 1282013
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use Page 2 of3 V-
Some states have significantly improved the health of their citizens by reducing smoking rates
thereby decreasing smoking-related diseases deaths and health care costs Even in
economically challenging times states can make a significant difference in public health by
employing high-impact cost-effective tobacco control and prevention strategies as laid out in
the World Health Organizations MPOWER strategic package of interventions proven to
reduce tobacco use prevalence including
bull Monitor tobacco use and prevention policies bull Protect people from tobacco smoke bull Offer help to quit tobacco use bull Warn people about the dangers of tobacco bull Enforce bans on tobacco advertising promotion and sponsorship bull Raise state cigarette taxes on tobacco
Tobacco Control State Highlights 2012 guides states in developing and implementing highshy
impact strategies and assessing their performance This report also provides state-specific data
intended to-
1 Highlight how some states are making great strides in reducing smoking rates using evidence-based strategies while also showing that more work needs to be done in other states
2 Enable readers to see how their own states perform 3 Help policymakers with decision making
Post and share 2012 Tobacco Control State Highlights Buttons (tobaccobuttonsstate highlightsjindexhtm)
Interested in posting this syndicated content on your Web site
See the 1ist of Smoking and Tobacco Use syndicated pages Chttptoolscdcgovsyndicationpagesaspx
mediaCo11ectionld=s) find the page and select the Add to List link next to it
Related Archived Link I
bull Tobacco Control State Highlights 2010 (tobaccodata statisticsstate datastate highlights2010indexhtm) - --
htt I lnrnrm rJ anvtnhJrroclata statisticsstate datastate highlights20 12indexhtm 1282013
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use Page3 of3
Persons with disabilities who experience problems accessing the 2012 Tobacco Control
State Highlights should contact tobaccoinfocdcgov (mailtotobaccoinfocdcgov) or call1
-Soo-CDC-INFO (1-800-232-4636)
Page last reviewed January 24 2013 Page last updated January 24 2013 Content source Office on Smoking and Health National Center for Chronic Disease Prevention and Health Promotion
Centers for Disease Control and Prevention 1600 Clifton Rd Atlanta GA 30333 USA 8oo-CDC-INFO (800-232-4636) TTY (888) 232-6348- Contact CDC-INFO
11ttnwwwcdc 1mvtobaccodata statisticsstate datastate_ highlights2012indexhtm 12820 13
NORTH DAKOTA
Monitor
Adult Current CigaretteSmokeless Tobacco Use
In North Dakota the percentage of adults (ages 18+)
who currently smoke cigarettes was 219 in 2011
Across all states and DC the prevalence of cigarette smoking among adults ranged from 118 to 290
North Dakota ranked 30 among the states
The percentage of adults who currently use smoke-less tobacco was 76 in 2011 Across all states and DC the prevalence ranged from 14 to 98 North Dakota ranked 49 among the states
Current Cigarette and Smokeless Tobacco Use among Adults by Demographic Characteristics
National (median)
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
Less than high school degree
High school degree
More than high school degree
18-24 years old
25-44 years old
45-64 years old
65+ years old
bull Cigarettes
0 10 20
bullbullbull Sample size lt50
ml Smokeless Tobacco
30 40 Percent
50 60 70 80
Source Behavioral Risk Factor Surveillance System 2011
300
NORTH DAKOTA Youth Current CigaretteSmokeless TobaccoCigar Use
In North Dakota the percentage of youth in grades 9-12
who currently smoke cigarettes was 194 in 20 11 The range across 44 states was 59 to 241 North Dakota ranked 34h among 44 states
The percentage of youth who currently use smokeless tobacco was 136 in 2011 The range across 40 states was 35 to 169 North Dakota ranked 36h among 40 states
The percentage of youth who currently smoke cigars was 135 in 201 1 The range across 37 states was 50 to 183 North Dakota ranked 17h among 37 states
The percentage of youth who currently use tobacco (ie cigarettes smokeless tobacco andor cigars) was 283 in 2011 The range across 36 states was 78 to 319 North Dakota ranked 30h among 36 states
Tobacco Use among High School Students by Demographic Characteristics
bull Cigarettes
National
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
9th grade
1Oth grade
11th grade
12th grade
IE Smokeless Tobacco bull Cigars
0 10 20 30 Percent
Cigarettes smokeless tobacco andor cigars Sample size lt100
301
liil Tobacco
40 50 60 70
Source Youth Risk Behavior Survey 2011
NORTH DAKOTA Past-Year Cigarette Initiation
In 2008-2009 of all North Dakota youth ages 12-17
who had never smoked 66 smoked a cigarette for the first time in the past year This ranked 37 in the nation with a range of 33-92 among the states
Of all young adults ages 18-25 who had never smoked 147 smoked a cigarette for the first time in 2008-
2009 This ranked 51 in the nation with a range of 42-147 among the states
Past-Year Cigarette Initiates among Persons Aged 12-25 by Age of First Use 2002-2009
ltfJ c Ql v Ql c
25
20
15
10
5
0
__ Total Initiates -11- Initiates aged 12-17 --+-- Initiates aged 1 8-25
2002-2003 2004-2005 2006-2007 2008-2009
Year Source National Survey on Drug Use and Health 2002-2009
302
NORTH DAKOTA
Protect
Adult Exposure to Secondhand Smoke
Among all adults the percentage who reported being exposed to secondhand smoke within the past 7 days was lower in North Dakota than
Exposure to Secondhand Smoke
in the nation overall In 2009-2010 overall exposure to secondhand smoke in North Dakota was 450 ranking 1 8 among the states
I I I I Overall Workplaces i Homes 1 Vehicles Public Places I I
450
Adults were exposed to secondhand smoke in various locations The table shows the percentage of North Dakota adults who reported any exposure as well as exposure in their home in a vehicle or in indoor or outdoor areas at work or public places in the past 7 days
c Ql
100
Secondhand Smoke Exposure and Opinions about Smoking
in the Workplace bull National bull North Dakota
80
60 Ql a
Adults Reporting Being
Exposed to Secondhand
Smoke (overall)
Adults Who Think
Smoking Should Never be
Allowed in the Workplace
Source National Adult Tobacco Survey 2009-2010
Opinions about Smoking in the Workplace
In 2009-2010 778 of adults in North Dakota thought that smoking should never be allowed in indoor workplaces ranking 30 among the states
303
180 81 150 324 Source National Adult Tobacco Survey 2009-201 0
Smoke-Free Home Rules
In 2009-2010 836 of adults in North Dakota reported that their homes had smoke-free home rules ranking 18 among the states The percentage of homes without smoke-free home rules with children living in them was 284 ranking 11 among the states
Smoke-Free Home Rules and Homes without Rules that have Children
c Ql v Ql a
100
bull National
SmokemiddotFree Home
Rules
bull North Dakota
Homes without Rules
that have Children
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA State Smoke-Free Policy
As ofJune 30 2012 North Dakota had a smokeshyfree law that prohibits smoking in indoor areas of workplaces but not restaurants or bars The state allowed communities to enact local smoke-free laws
Note See Appendix B for updated legislation rhar rakes effect afrer June 30 2012
Offer
Adults Who Made a Quit Attempt in the Last Year
During 2009-2010 552 of North Dakota adult smokers made a quit attempt in the past year ranking 22d among the states
National
Percentage of Smokers Attempting to Quit
WORSE
In North Dakota
552 of adults made a quit attempt
ranking 22d
Source National Adult Tobacco Survey 2009-2010
Quitline Utilization
In 2010 the North Dakota quidine received 7478
calls and 1 342 tobacco users (an estimated 12 of all tobacco users in the state) received telephone counseling cessation medications or both from the state qui dine
Smoke-Free Legislation
I I Local Laws Workplaces Restaurants l Bars Permitted
Yes
I I
No No Yes Designated Smoking Areas t Ventilated Smoking Areas
bull Allowed for nonshyhospitality workplaces
1 Prohibited ror nonshyhospitJiity workplaces
t No Restrictions Allowed smoking in venues that prohibit minors
Note Not all footnotes may be used Source STATE System June 2012
304
Medicaid Coverage for Counseling and Medications
In 2010 North Dakotas Medicaid program provided incomplete coverage through Medicaid for tobaccoshydependence treatment North Dakota provided full coverage for some nicotine replacement therapies full coverage for varenicline full coverage for bupropion and no coverage for counseling (individual or group)
Medicaid Coverage for Counseling and Medications
Comprehensive Coverage
No
I Counseling NRT
Ms (On
1e or 1 Varenicline Jl Bupropion (Individual
ore andor Group)
Yes Yes Yes No
Pregnant women only t Fee-for-service only
Available only via the quitline
Note Not all footnotes may be used Source Halpinet a 2011
NORTH DAKOTA
Warn
Tobacco Counter-Marketing Media Intensity
CDC Best Practices recommendations translate into an average quarterly exposure of 1200 general audience gross raring points (GRPs) and 800 youth target raring points (TRPs) in effective anti-tobacco media campaigns North Dakota had an average of 10356 general audience GRPs and 1436 youth TRPs per quarter in television advertising supporting tobacco control messages in 2010
Anti-Tobacco Media Campaign Intensity G RPs Per Quarter
National
Median
2427 GRPs
General Audience
WORSE
North Dakota
Average 10356
GRPs (101h)
Source CDCOSH
Anti-Tobacco Media Campaign Intensity T RPs Per Quarter
National
Median
3 97TRPs
Youth (12-17Years)
WORSE
North
Dakota Average 1436 TRPs (13h)
Source CDCOSH
305
Knowledge of the Dangers of Tobacco
In North Dakota 657 of adults thought that breathing smoke from other peoples cigarettes or other tobacco products is very harmful to ones health in 2009-2010 Additionally 832 thought that cigarette smoking is very addictive
Secondhand Smoke
National
Average
656
WORSE
In North Dakota 657 of adults thought
__ secondhand smoke is very harmful The range
across all states was 721 to 559 North
Dakota ranked 17h
among the states
Source National Adult Tobacco Survey 2009-2010
Addictiveness of Smoking
National
Average
854
WORSE
In North Dakota 832 of adults thought that
smoking is very addictive The range across all states was
905 to 806 North __ Dakota ranked 45h among the states
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA
Enforce
State Allows Local Advertising and Promotion Laws State Allows Local Laws
As ofJune 30 2012 North Dakota allowed local regulation of tobacco industry promotions tobacco product sampling and display of tobacco products in commercial establishments
Promotion t Sampling I Display
Yes Yes Yes Source STATE System June 2012
Over-the-Counter Retail Licensure
As of June 30 2012 North Dakota required all establishments selling cigarettes and smokeless tobacco products over-the-counter to be licensed Nationally 37
states required over-the-counter licensure for cigarettes 29 of which also have a requirement for smokeless tobacco with various renewal frequencies fees and penalties for violations
Over-the-Counter Licensure and Penalties
Over-the- Minimum I Renewal I Penalty to Licensure Counter License License Fee Required I Business Includes _ Rqired _ _ (amp Frequelcy) _ Sruo_kes Toacc
$1500
Yes Yes
bull Annually Note Not all footnotes may be used bull Class A Misdemeanor Fine or Imprisonment or both Source STATE System June 2012
306
NORTH DAKOTA
Raise
Amount of Tobacco Product Excise Tax
As of June 302012 the excise tax on cigarettes in North Dakora was $044 per pack ranking 46h among the states The tax on cigars was 28 of the wholesale purchase price per cigar and for little cigars the tax was 28 of the wholesale purchase price per pack of 20 The tax on chewing tobacco was $0 I 6 per ounce with snuff taxed at $060 per ounce
Amount of Cigarette Excise Tax
National
Median
$1339
WORSE
As of June 30 2012
North Dakota had a
$044 cigarette excise tax-ranking 461h
among the states The range across states was
$435 to $017 per pack
Source STATE System June 2012
307
Price Paid for Last Cigarettes Purchased
In North Dakota 656 of adult smokers bought their last cigarettes by the pack and 344 bought them by the carton in 2009-2010 The average price that North Dakota smokers reported paying for their last pack of cigarettes was $433 in 2009-201 0 the range among states was $798 to $404 The average price that North Dakota smokers reponed paying for their last carton of cigarettes was $3561 in 2009-2010 the range among 45
states with valid data was $6445 to $3046
CAMPAIGN ov ToBACco-fREE
Kirk-middot
bull
ancer Action jii
N EW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVI NGS FROM A $100 CIGARETTE TAX I N C REASE I N NORTH DAKOTA
Cu rrent state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $1 048 per pack
Annual health care expenditu res in North Dakota directly caused by tobacco use $247 m illion S mokin g-caused state Med icaid program spending each year $47 mi l l ion
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $325 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase Percent decrease in youth smoking 154
-- -- -------------------------------------
Kids in North Dakota kept from becoming addicted adult smokers 6300 ------------------ --------------------------------------------------------------------------------
Current adult smokers in the state who would quit 5200 -----------------------------------------------------------------
Smoking-affected births avoided over next five years 900 -- -- --------
North Dakota residents saved from premature smoking-caused death 3400 ----middot-------------------- ------------------------------------------- middot --
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000 ------------ -----------------------------------
5- Year health care cost savings from fewer smoking-affected pregnancies amp births $213 mil l ion f-------------------------------------------------------------------------------------------------------------------------5- Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 mil l ion r------------------------------------------------------------------------------------------------------5- Year Medicaid program savings for the state $240000 ------------------------------------------------------------------------------------------------------- -----------
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 mil l ion 122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly diminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new reven ues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider all aspects of state tax pol icy related to OTPs (incl uding the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category linked to the state cigarette tax rate on a per-package or pe r-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoliciesltaxlus state local and httpwwwacscanorqltobaccopolicv
For more on sources and calculations see httpllwwwtobaccofreekidsorgresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Explanations amp Notes
Health care costs l isted at the top of the page are from the US Centers for Disease Control and Prevention
Projections a re based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the higher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggling and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion httptobaccofreekidsorgresearchfactsh eetspdf0274pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate i ncrease All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are limited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also limited because small tax i ncreases are unl ikely to produce significant public health benefits
Ongoing reductions in state smoking rates wil l over time gradually erode state cigarette tax revenues (in the absence of any new rate increases) But those declines are more predictable and less volatile than many other state revenue sources such as state income tax or corporate tax revenues (which can drop sharply during recessions) In addition the smoking declines that reduce tobacco tax revenues will simultaneously produce much larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdf0357pdf
For more on sources and calculations see httplwww tobaccofreekidsorqresearchlfactsheetslpdf028 1pdf
Needed State Efforts to P rotect State Tobacco Tax Revenues
Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qual ifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on all tobacco products to block tax evasion and promote tax equity No
High-tech tax stamps to stop counterfeiting and other smuggling and tax evasion No
Retailers lose license if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
North Dakota Tobacco Prevention and Control Executive Comm ittee
Center for Tobacco Prevention and Control Policy 4023 State Street Suite 65 bull Bismarck N D 58503-0638
Phone 70 1 328 5 1 30 middot Fax 701 328 5 1 35 middot Tol l Free 1 877277 5090
Testimony House Bil l 1 387
1 0 00 am Jan uary 29 20 1 3 House F inance and Taxation Comm ittee
Good morning Chairman Belter and members of the House Finance and Tax Committee I am Jeanne Prom executive director of the N D Center for Tobacco Prevention and Control Policy
I ncreasing the tobacco tax sig nificantly wil l lead to a decrease in tobacco use in our state Tobacco use is the leading cause of preventable disease and death and the tol l of tobacco u se in North Dakota is hig h
bull An n ual health care costs in North Dakota directly caused by smoking $247 mil l ion bull Portion paid by the state Medicaid prog ram annually $47 mil l ion bull N u mber of North Dakota adu lts who will die from smoking this year 800 bull High school students who smoke 7 400 (1 94) bull Male hig h school students who use smokeless or spit tobacco 22 2 bull Kids u nder 1 8 who become new daily smokers each year 600
The North Dakota Tobacco Prevention and Control Advisory Committee in its plan Saving Lives - Saving Money North Dakota s Comprehensive State Plan to Prevent and Control Tobacco Use cal ls for a sig nificant increase in al l tobacco taxes - to $2pack - to keep kids from starting and prompt users to quit As you can see on the attachments North Dakotas tobacco tax is one of the lowest in the country at 44 centspack This tax hasnt been increased since 1 993 The low tax resu lts in inexpensive tobacco that is affordable to youth and populations with l imited incomes and high smoking rates High tobacco taxes work most effectively to cut use among lower-income smokers and young male smokeless tobacco users - two g roups that suffer disproportionately from the harms of tobacco use
Tobacco use and its health hazards are completely preventable Raising the tobacco tax to $2pack with a comparable tax amou nt on other tobacco products can be expected to
bull Decrease youth smoking by 24 bull Reduce the number of kids from becoming addicted adult smokers by 9 900 bull Reduce the n umber of adults in the state who smoke by 8 200 bull Save the state mil l ions of dol lars in smoking-related health care costs over j ust 5 years
Please consider H B 1 387 with amendments to i ncrease the tobacco tax to $2pack with a comparable tax increase on al l other tobacco products
Thank you for your time and consideration I am happy to respond to any questions
The To bacco i n N o rth Da kota Updated Dec 5 2012
The Tol l of Tobacco in North Dakota
High school students who 1 94 (7400)
smoke middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot
Male high school stuents who 222
S SrlkS r Pt
t
Kids (under 1 8) who become 600
-middot- -IY S- X
Kids exposed to secondhand 42000
smoke at home Packs of cigarettes bought or
1 9 m il l ion lt9 Y i
------ Xr
Adu lts in North Dakota who smoke
21 9 ( 1 1 6 600)
Due to changes in CDCs methodology the 20 1 1 adult smoking rate cannot be
compared to adult smoking data from previous years
US National Data (201 1 )
i- -ltl flin
rt
Male h igh school students who 1 28
use smokeless tobacco
- n9 1 g(
Deaths i n North Da kota from Sm oking
Adults who die each year from th
k 800
e1r own smo mg
Kids now under 1 8 and alive in North Dakota who will ultimately 1 1 000 die prematurely from smoking
Smoking kil ls more people than alcohol AIDS car crashes i l legal drugs murders and suiCides combined - and thousands more die from other tobacco-related
causes - such as fires caused by smoking (more than 1 000 deathsyear nationwidr d smokeless tobacco use
Sm oking-Caused Monetary Costs in North Dakota
Annual health care costs in North Dakota directly caused by$247 m i ll ion
ltn
Portion covered by the state $47 m il l ion
-ii P9--
Residents state amp federal tax burden from srnoking-caused $574 per house hold
V-nt Pn i_
t
r
Smoking-caused productivity $ 1 92 m i l l ion
losses in North Dakota
Amounts do not include health costs caused by exposure to secondhand smoke smoking-caused fires smokeless tobacco use or cigar and pipe smoking Tobacco vse also imposes additional costs such as workplace productivity losses and damage to property
Tobacco Industry I nflue nce in North Dakota
Annual tobacco industry marketing expenditures nationwide
$85 bil l ion
Estimated portion spent for North Dakota marketing each $257 m il l ion
year
Published research studies have found that kids are twice as sensitive to tobacco advertising than adults and are more l ikely to be influenced to smoke by cigarette marketing than by peer pressure One-third of underage experimentation with smoking is attributable to tobacco company advertising
View sources of information
More detailed fact sheets on tobaccos toll in each state are avai lable by emailing factsheetstobaccofreekids org
CAMPAIGN middot ov
ToBA((o-fRpoundpound K ick
Guam $300 No Marianas Islands $1 75
MAP OF STATE CIGARETTE TAX RATES
Average State Cigarette Tax $1 48 per Pack
Average Cigarette Tax in M ajor Tobacco States 485 cents per Pack
Average Cigarette Tax in N on-Tobacco States $1 61 per Pack
TX $1 41
gt
$320 Puerto Rico $223
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate since 1 999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $ 1 00 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or h igher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages l i sted above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The major tobacco states with extensive tobacco farming and often cigarette manufacturin g are NC KY VA SC TN amp GA Federal cigarette tax is $1 01 per pack Not shown are the special taxes or fee s some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local g overnments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) N ew York City ($1 50) and Anchorage AK ($2206) The U S Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $ 1 047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn
For m o re information on state cigarette taxes and the benefits from increasing them see httpwwwtobaccofreekidsorgfacts issuesfact s h eetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1 400 I Street NW middot Suite 1 200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekid sorg
State Tax
Alabama $0425 Alaska $200 Arizona $200 Arkansas $1 1 5 California $087 Colorado $084 Connecticut $340 Delaware $1 60 DC $250 Florida $1 339 Georgia $037 Hawai i $320 Idaho $057 I l l inois $1 98
Indiana $0995 Iowa $ 1 36 Kansas $079 Kentucky $060
STATE CIGARETTE EXCISE TAX RATES amp RANKINGS
Overal l All States Average $1 48 per pack
Major Tobacco States Average 485 cents per pack Other States Average $1 61 per pack
Rank State Tax Rank State
47th Louisiana $036 49th Oklahoma 1 1 th Maine $200 1 1 th Oregon 1 1 th Maryland $200 1 1 th Pennsylvania 30th Massachusetts $251 9th Rhode Island 33rd Michigan $200 1 1 th South Carolina 34th Minnesota $1 23 28th South Dakota 3rd Mississippi $068 37th Tennessee
2 1 st Missouri $0 1 7 5 1 st Texas 1 0th Montana $1 70 1 7th Utah 26th Nebraska $064 38th Vermont 48th Nevada $080 35th Virginia 4th New Hampshire $ 1 68 1 9th Washington
42nd New Jersey $270 6th West Virgin ia 1 6th New Mexico $1 66 20th Wisconsin
32nd New York $435 1 st Wyoming 25th North Carolina $045 45th Puerto Rico 36th North Dakota $044 46th G uam 40th Ohio $ 1 25 27th Northern Marianas
Tax stamp Includes 75cent health 1mpact fee
Tax Rank
$1 03 3 1 st $1 1 8 29th $1 60 2 1 st $350 2nd $057 42nd $ 1 53 23rd $062 39th $1 41 24th $1 70 1 7th $262 7th $0 30 50th
$3025 5th $055 44th $2 52 8th $060 40th $223 NA $300 NA $1 75 NA
Table shows al l cigarette tax rates in effect now Since 2002 47 states DC and several US territories have increased their cigarette tax rates more than 1 05 times The three states in bold type have not increased their cigarette tax since 1 999 or earlier Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $1 00 per pack or higher 14 states DC and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $4 00 per pack Tobacco states are KY VA NC SC GA and TN States average includes DC but not Puerto Rico other U S territories or local cigarette taxes The median tax rate is $1 34 per pack AK M l MN MS UT also have special taxes or fees on brands of manufacturers not participating in the state tobacco lawsuit settlements (NPMs)
The highest combined state-local tax rate is $585 in New York City with Chicago IL second at $566 per pack Other high state-local rates include Evanston IL at $548 and Anchorage AK at $4206 per pack For more on local cigarette taxes see httptobaccofreekids orgresearchfactsheetspdf0267 pdf
Federal cigarette tax is $1 01 per pack From the beginning of 1 998 through 2002 the m ajor cigarette companies increased the prices they charge by more than $1 25 per pack (but also instituted aggressive retail-level discounting for competitive pu rposes and to reduce related consumption declines) In January 2003 Philip Morris instituted a 65-cent per pack price cut for four of its major brands to replace its retail-level discounting and fight sales losses to discount brands and R J Reynolds followed suit In the last several years the major cigarette companies have increased their product prices by almost $ 1 00 per pack The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs total $1047 per pack sold and consumed in the US The average price for a pack of cigarettes nationwide is roughly $600 (including statewide sales taxes but not local cigarette or sales taxes other than NYCs $1 50 per pack cigarette tax) with considerable state-to-state differences because of d ifferent state tax rates and different manufacturer wholesaler and retailer pricing and discounting practices AK DE MT NH amp OR have no state retai l sales tax at al l OK has a state sales tax but does not apply it to cigarettes MN amp DC apply a per-pack sales tax at the wholesale level and AL GA amp MO (unl ike the rest of the states) do not apply their state sales tax to that portion of retai l cigarette prices that represents the states cigarette excise tax
Campaign for Tobacco-Free Kids December 13 2012 I Ann Boonn
For additional i nformation see the Cam paigns website at httplwwwtobaccofreekidsorgwhat we dostate localtaxes
Sources Orzechowski amp Walker Tax Burden on Tobacco 201 1 media reports state revenue department websites
middot Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change ih the actual excise tax rates just the way that the rates are listed
1 400 I Street NW - Suite 1 200 - Washington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
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NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $156 CIGARETTE TAX INCREASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $ 1 048 per pack
Annual health care expend itures in North Dakota directly caused by tobacco use $247 m ill ion Smoking-caused state Med icaid program spending each year $47 m il lion
New Annual Revenue from Increasing the Cigarette Tax Rate by $156 Per Pack $4109 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate I nc rease
Percent decrease in youth smoking 240 Kids in North Dakota kept from becoming addicted adult smokers 9900 Current adult smokers in the state who would quit 800 Smoking-affected births avoided over next five years 1 500 North Dakota residents saved from premature smoking-caused death 5400 5-Year health care cost savings from fewer smoking-caused lung cancer cases $1 26 million
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $333 mill ion
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $233 mill ion
5-Year Medicaid program savings for the state $380000 Long-term health care cost savings in the state from adult amp youth smoking declines $35066 mil l ion
122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years wi l l similarly diminish or el iminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider al l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $2 00 per pack cigarette tax the states new OTP tax rate should be at least 60 of the wholesale price with m inimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoiciesltaxlus state local and httpllwwwacscanorqltobaccopoicy
For m ore on sources and calculations see httpllwwwtobaccofreekidsorglresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer A ction Network Melissa Maitin-Shepard
Explanations amp Notes Health care costs l isted at the top of the page are from the US Centers for Disease Control and P revention
Projections are based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the h igher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggl ing and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion http 1tobaccofreekids orgresearchfactsheetspdf027 4 pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate increase All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are l imited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also l imited because small tax increases are unl ikely to produce significant public health benefits
Ongoing red uctions in state smoking rates will over time gradually erode state cigarette tax revenues (in the absence of any new rate i ncreases) But those declines are more predictable and less volatile than many other state revenue sources such as state i ncome tax or corporate tax revenues (which can drop sharply during recessions) I n addition the smoking declines that reduce tobacco tax revenues will sim ultaneously produce m uch larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdfl0357 pdf
For more on sources and calculations see httpllwww tobaccofreekidsorqlresearchlfactsheetspdf0281 pdf
Needed State Efforts to Protect State Tobacco Tax Revenues Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qualifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on al l tobacco products to block tax evasion and promote tax equity No
H ig h-tech tax stamps to stop counterfeiting and other smuggl ing and tax evasion No
Retailers lose l icense if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
Testimony of Bill Shalhoob
Greater North Dakota Chamber of Commerce HB 1 3 87
January 29 20 1 3
Greater North Dakota Chamber
Mr Chairman and members of the committee My name is Bill Shalhoob and I am here today representing the Greater North Dakota Chamber of Commerce the champions for business in North Dakota GNDC is working to build the strongest business environment possible through its more than 1 1 00 business members as well as partnerships and coalitions with local chambers of commerce from across the state GNDC also represents the National Association of
Manufacturers and works closely with the US Chamber of Commerce As a group we stand in opposition to HB 1d urge a do not pass from your committee on the bill
nn GNDC has a long history of opposing excise taxes which we believe are onerous and unfair
We have a difficult time understanding this bill and the tax increase from 1 7 mills to 45 mills a
1 65 raise according to our math proposed in it North Dakota certainly does not need the
additional revenue that might come from this tax increase Our focus in this session is on tax decreases not increases If we are trying to do social engineering that is to discourage the practice the tax code is a poor place to do it If the goal is to eliminate smoking introduce a bil l prohibiting the sale or use of tobacco products in the state As witnessed by our experience with Minnesota increasing their cigarette tax with a health fee all we do is drive sales to a lower priced location by passing this bil l We see no acceptable reason to enact this tax
Thank you for the opportunity to appear before you today in opposition to HB 1 3 87 I would be happy to answer any questions
Champions Business
PO Box 2639 P 701middot222-0929 Bismarck NO 58502 F 701-222-1611
wwwndcharnbercorn
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North Dakota Retai l Association NO Petroleum Marketers Association
North Dakota Propane Gas Association
---- LEG S LAT VE BU LLET N Testimony- HB 1387
January 29 2013- House Finance and Tax Committee
Chairman Belter and Members of the House Finance and Tax Committee
We know any type of tax tends to put the squeeze on consumer spending potentially strain
household budgets and curb retail sales Which is exactly why the North Dakota Petroleum
Marketers Association and its 400 members from across the state are asking you to vote
NO on HB 1387
Passage of HB 1387 will burden North Dakotas lower Income Earners Cigarette
excise taxes are regressive in nature B ased on data from the Center for
Disease Control roughly 30 of adults in North Dakota who earn less than
$ 15000 are smokers whereas only 160 of adults who earn $50000 or
more are smokers Raising taxes will further unfairly burden low-income
earners
Passage of HB 1387 will harm the retail sector as well
Increasing the excise tax could hurt legitimate retailers when
adult smokers shift purchases to other outlets such as the internet This
would negatively affect North Dakota s 1 300 retailers
Even more pressing is the fear Passage of HB 1387 could increase illegal cigarette trafficking
An excise tax increase could provide incentives for smuggling and other
contraband activities resulting in lost revenues According to the Bureau of
1 02 5 North 3rd Street bull PO Box 1 9 5 6 bull Bismarck NO 58502 bull 701 -223-3370 bull Fax 7 0 1 -223-5004 Web Address ndretailorg bull ndpetroleumorg bull ndpropaneorg
Alcohol Tobacco Firearms and Explosives cigarette smuggling has
turned into a lucrative business for criminals who trade cigarettes and other
tobacco products on the black market Nationally its estimated $5 billion in
tax revenue annually is lost on the black market
For all of these reasons NDPMA is asking for a NO vote on HB 1387
Thank you for your time and consideration
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote
BillResolution No HB 1 387
FISCAL NOTE Requested by Legislative Council
01212013
1 A State fiscal effect Identify the state fiscal effect and the fiscal effect on agency appropriations compared to funding I I d t r middot t d d t l eve s an appropna 10ns an tctpa e un er curren
2011-2013 Biennium
aw
2013-2015 Biennium
General Fund Other Funds General Fund Other Funds
Revenues $59068000
Expenditures
Appropriations
2015-2017 Biennium
General Fund Other Funds
1 B County city school district and township fiscal effect Identify the fiscal effect on the appropriate political subdivision
2011-2013 Biennium 2013middot2015 Biennium 2015middot2017 Biennium
Counties
Cities
School Districts
Townships
2 A Bill and fiscal impact summary Provide a brief summary of the measure including description of the provisions having fiscal impact (limited to 300 characters)
HB 1 387 raises the cigarette tax rate from $44 to $1 00 per package of 20 cigarettes
B Fiscal impact sections Identify and provide a brief description of the sections of the measure which have fiscal impact Include any assumptions and comments relevant to the analysis
3 State fiscal effect detail For information shown under state fiscal effect in 1A please
A Revenues Explain the revenue amounts Provide detail when appropriate for each revenue type and fund affected and any amounts included in the executive budget
If enacted HB 1 387 is expected to increase revenues in the state general fund by an estimated $59068 million in the 201 3- 1 5 biennium
B Expenditures Explain the expenditure amounts Provide detail when appropriate for each agency line item and fund affected and the number of FTE positions affected
C Appropriations Explain the appropriation amounts Provide detail when appropriate for each agency and fund affected Explain the relationship between the amounts shown for expenditures and appropriations Indicate whether the appropriation is also included in the executive budget or relates to a continuing appropriation
Name Kathryn L Strombeck
Agency Office of Tax Commissioner
Telephone 328-3402
Date Prepared 0 1 2820 1 3
Date I - 3 0 - I 3 Roll Call Vote ---- __ _
2013 HOUSE STAN DING COMMITTEE ROLL CALL VOTES
BILLRESOLUTION NO I 3 ] House Finance and Taxation
0 Check here for Conference Committee
Legislative Council Amendment Number
Committee
Action Taken 0 Do Pass Do Not Pass 0 Amended 0 Adopt Amendment
0 Rerefer to Appropriations 0 Reconsider
Motion Made By Seconded By
Representatives Ye No Representatives Chairman Wesley Belter _v Rep Scot Kelsh Vice Chairman Craig Headland z Rep Steve Zaiser Rep Matthew Klein v Rep Jessica Haak Rep David Drovdal v Rep Marie Strinden Rep Glen Froseth v Rep Mark Owens v Rep Patrick Hatlestad V Rep Wayne Trottier Rep Jason Dockter I Rep Jim Schmidt j
Yes Nv
- v v
Total (Yes) I d No _ ___ ________ _
Absent I Floor Assignment
If the vote is on an amendment briefly indicate intent
Com Standing Committee Report January 30 2013 456pm
Module ID h_stcomrep_17 _023 Carrier Froseth
REPORT OF STANDING COMMITTEE HB 1387 Finance and Taxation Committee (Rep Belter Chairman) recommends DO
NOT PASS (12 YEAS 1 NAYS 1 ABSENT AND NOT VOTING) HB 1387 was placed on the Eleventh order on the calendar
(1) DESK (3) COMMITIEE Page 1 h_stcomrep_1 7 _023
2013 TESTIMONY
HB 1387
Just to set the stage let me pass on what King James I said when he was first presented with tobacco in 1604 After smoking it he became sick and later wrote that tobacco was loathsome to the eye hateful to the nose harmful to the brain and dangerous to the lungs
The purpose of this bill is not to raise money It is to give an extra incentive to help
people quit smoking If enacted HB 1387would raise North Dakotas cigarette tax
by 56 cents from 44 cents a pack to $100 a pack That would increase the cost of
a pack by between 10 and 15 percent depending on the cost of the brand today
Nmih Dakota is one of three states which have not raised their tobacco tax since 1999 The average for all states is $148 a pack The average for all non-tobaccoshyproducing states is $161 a pack 45 states have cigarette taxes higher than Nmih Dakotas North Dakota lags well behind its bordering states South Dakota hardly a high tax state levies $153 per pack Minnesota $156 and Montana $170
Now how effective will increasing the cigarette tax be in reaching its goal to decrease smoking rates in North Dakota
A Dece1nber 1998 study of cigarette price elasticity by Credit Suisse First Boston Corporation concluded that conservatively cigarette consumption would decline by four percent for every 10 increase in price
A more recent study finds that each 10 price increase reduces youth smoking by 65 adult smoking by 2and total consumption by about 4oo
And reports from other states of actual declines in smoking following tax increases confirms that sturdy tax increases are effective in reducing smoking rates In 2009 Arkansas raised its tax by 56 cents to $115 within the first year after the tax increase sales of cigarettes declined by 27 In 2007 South Dakota raised its tax by $100 to $153 and experienced a 26 decline in sales In the same year Texas raised its tax a dollar to $141 and cut sales of cigarettes by 21 oo
I have three reasons for wanting to help people quit smoking one is personal one is humanitarian and the third is economic First the personal I tried to quit three times but lapsed each time Ill never forget how angry I was at myself for being controlled by a powerful force It was only when I calculated how much I was spending a year on cigarettes and what I couldnt buy because of smoking that I was able to quit
Secondly I hate to see people many of whom are addicted suffer needlessly have years cut off their lives their family broken by emphysema heart disease cancer and early death And finally to my economic concern The 186 of North Dakotans who smoke are responsible for $24 7 million a year in health care expenditures That cost is passed on to the rest of us in the form of higher insurance premiums higher Medicaid costs and higher hospital uncollectables Reduction in the number of smokers means a reduction in health care premiums for the rest of us
A December 30 2010 Fargo Forum editorial summed up the case for raising taxes on cigarettes In concert with public smoking bans cessation programs and antishysmoking campaigns higher tobacco taxes are an important tool to persuade smokers to snuff out the habit--or better yet convince teens never to start
Research shows higher taxes pay public dividends A 10 increase in the real price of cigarettes will reduce adult smoking by 2 and cut teen smoking by
roughly 7 That would make a difference in North Dakota where tobacco use rates are high 22 of students in grade nine smoke Thats alarmingly high and greater than the percentage of adults which is 18
Make no mistake taxpayers pay for smokers Medicaid costs for smoking- related illnesses are estimated at $47 million a year Factor in lost productivity--$192 million a year--and all direct medical expenditures--$250 million a year-- and the cost of cigarettes adds up to roughly $700 a year per person
I said at the beginning that the purpose of this increase in cigarette taxes was not to raise revenues But it will bring in somewhere around $32 million next biennium As the bill stands now that money would simply go into the General Fund But I could see the money being targeted for instance it could help pay for Medicaid costs related to smoking or it could provide $4000 college scholarships to 4000 needy students or to high achieving students in STEM fields Or it could be split among North Dakota hospitals to help pay for uncompensated care losses especially in the west Should the committee have any interest in the bill I would cetiainly be open to an amendment targeting the increased funds to any purpose committee members thought appropriate
I hope the committee will add one more tool to help addicted people kick this habit and compensate the state for the large medical costs created by smoking
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NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $100 C IGARETTE TAX INC REASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $10 48 per pack
Annual health care expenditures in North Dakota directly caused by tobacco use $247 million Smoking-caused state Medicaid program spending each year $47 million
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $3235 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase
Percent decrease in youth smoking 154
Kids in North Dakota kept from becoming addicted adult smokers 6300
Current adult smokers in the state who would quit 5200
Smoking-affected births avoided over next five years 900
North Dakota residents saved from premature smoking-caused death 3400
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $213 million
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 million
5-Year Medicaid program savings for the state $240000
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 million
122112 TFKI January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly d iminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products I t is important to consider a l l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $ 1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorglfacts issuesfact sheetslpoliciesltaxlus state local and httpllwwwacscanorgltobaccopolicv
For more on sources and calculations see httpwwwtobaccofreekidsorqresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Guam $300 No Marianas Islands $175
MAP O F STATE C IGARETTE TAX RATES
Average State Cigarette Tax $148 per Pack Average Cigarette Tax in Major Tobacco States 485 cents per Pack
Average Cigarette Tax in Non-Tobacco States $161 per Pack
0 HI $320 Puerto Rico $223 I
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate
since 1999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam
have cigarette tax rates of $100 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages listed above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The
major tobacco states with extensive tobacco farming and often cigarette manufacturing are NC KY VA SC TN amp GA Federal cigarette tax is $101 per pack Not shown are the special taxes or fees some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local governments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) New York City ($150) and Anchorage AK ($2206) The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $1047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn For more information on state cigarette taxes and the benefits from increasing them see
httpwwwtobaccofreekidsorgfacts issuesfact sheetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1400 I Street NW middot Suite 1200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
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From Dr Eric L Johnson MD Grand Forks ND
President
Tobacco Free North Dakota
Associate Professor
Department of Family and Community Medicine
UNDSMHS
Director lnterprofessional Education
UNDSMHS
Medical Director
Physician Assistant Program
UNDSMHS
Assistant Medical Director
Altru Diabetes Center
FMC-Aitru Health System
Assistant Medical Director
Valley Memorial Homes
Although Im unable to appear in person Id like to offer information regarding tobacco
specifically cigarette taxation and its specific relationship to reducing youth smoking I have
actively been involved in tobacco related issues since beginning my association with NDQuits
formerly known as the North Dakota Tobacco Quitline
We are fortunate to have up to date quality information to support this effort in reducing
smoking among youth in North Dakota Here is the current state of tobacco use among youth
in our state
Cigarette Use
bull 44 ever tried cigarette smoking (1)
bull 19 smoked cigarettes on at least 1 day during the 30 days before the survey
bull 8 smoked cigarettes on 20 or more days during the 30 days before the survey
bull 47 did not try to quit smoking cigarettes (2)
Other Tobacco Use
bull 14 used chewing tobacco snuff or dip on at least 1 day during the 30 days before the
survey
bull 13 smoked cigars cigarillos or little cigars on at least 1 day during the 30 days before the
survey
Any Tobacco Use
bull 28 smoked cigarettes smoked cigars cigarillos or little cigars or used chewing tobacco
snuff or dip on at least 1 day during the 30 days before the survey
The current data support 2 ways to reduce youth smoking One is instituting smoke free laws
North Dakota voters strongly supported this in the election in November 2012 passing North
Dakotas new smoke-free law by a margin of 2 to 1 with every county and legislative district
voting in favor so its pretty clear this is what the people of North Dakota wanted Although
these laws are primarily designed to reduce the infliction of injury on others from secondhand
smoke smoke-free laws do tend to reduce youth smoking
The other way to reduce youth smoking is to increase taxes per pack of cigarettes
In a newly published study in the prestigious American Journal of Public Health doubling the
price of cigarettes decreased youth smoking by 13 which was the most effective way to cut
smoking in this population Its also estimated that in total in the states that increased tobacco
taxes during the study period resulted in 220000 fewer youth smokers
Other established previously published studies showed other benefits from increasing tobacco
taxes
bull Every 10 percent increase in the real price of cigarettes reduces overall cigarette
consumption by approximately three to five percent reduces the number
of young-adult smokers by 35 percent and reduces the number of kids who smoke by
six or seven percent
bull Cigarette price and tax increases work even more effectively to reduce smoking among
males Blacks Hispanics and lower-income smokers
bull A cigarette tax increase that raises prices by ten percent will reduce smoking among
pregnant women by seven percent saving many newborns from suffering from
smoking-affected births and related health consequences
bull Many states note increase in access to quit services such as what North Dakota has with
NDQuits when tobacco taxes increase Wisconsin and Iowa have notable data in this
area- for example Wisconsin went from about 9000 calls a month to 20000 in a month
after a new cigarette tax In Washington the number of smokers decreased by 100000
after their tobacco tax increase
Now I think many would say that North Dakota doesnt need another taxation revenue stream
and we are fortunate in North Dakota in that regard As well the people of North Dakota have
historically supported tobacco prevention funding- for example the well-known so called
Measure 3 of 2008 Currently North Dakota ranks very low in tobacco tax- we are ranked
46th with a state tax of 44 cents per pack The highest tobacco tax state is New York at $435
per pack The overall average is $128 Some may say that tobacco taxes pay for themselves
with health care but its estimated that each pack of cigarettes generates about $10 in health
care costs
Tobacco use itself remains a very expensive problem for North Dakota with an estimated $247
million spent annually on the treatment of tobacco related diseases Cutting down youth
smoking as well as smoking in other groups as noted has the potential to reduce these costs in
the future
Thank you for your time today and I would be happy to answer any other questions regarding
this or other tobacco related diseases or prevention My contact information can be provided
upon request References are provided as well
httpwwwtobaccofreekidsorgresearchfactsheetspdf0097pdf
httpwww n d health gov tobaccoFacts htm
httpwwwtobaccofreekidsorgresearchfactsheetspdf0146pdf
httpwwwcdcgovhealthyyouthyrbspdftobaccond tobacco combopdf
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use
(J amp bull Centers for Disease Control and Prevention ImiddotJj lldraquoA COC 247 Soving Lives Protecting Peopler-
Tobacco Control State Highlights 2012
Abstract
bull Highlights 2012 Abstract bull Highlights 2012 Cby section)
(tobaccodata statisticsstate datastate highlights2012sectionsindexhtm)
bull Highlights 2012 Buttons (tobaccobuttonsstate highlightsindexhtm)
bull Highlights 2012 Download
Page 1 of3 (
(tobaccodata statisticsstate datastate highlights2012zip fileshighlightszip) (Zip-163 MB)
bull Highlights 2012 Factsheet (tobaccodata statisticsstate datastate highlights2012pdfsfactsheetpdf) (PDF-so KB)
bull STATE System Interactive Maps (tobaccodata statisticsstate datastate highlights2012statesystemindexhtm)
Tobacco Control State Highlights 2012
Tobacco use is the single most preventable cause of death in the United States Each year in
the United States cigarette smoking and exposure to secondhand smoke causes 443000-or 1
in 5 deaths Economic losses are also staggering Smoking-caused diseases result in $96 billion
in health care costs annually
httnmiddotumm lrll anvtnhccnrlata statisticsstate datastate highlights2012indexhtm 1282013
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use Page 2 of3 V-
Some states have significantly improved the health of their citizens by reducing smoking rates
thereby decreasing smoking-related diseases deaths and health care costs Even in
economically challenging times states can make a significant difference in public health by
employing high-impact cost-effective tobacco control and prevention strategies as laid out in
the World Health Organizations MPOWER strategic package of interventions proven to
reduce tobacco use prevalence including
bull Monitor tobacco use and prevention policies bull Protect people from tobacco smoke bull Offer help to quit tobacco use bull Warn people about the dangers of tobacco bull Enforce bans on tobacco advertising promotion and sponsorship bull Raise state cigarette taxes on tobacco
Tobacco Control State Highlights 2012 guides states in developing and implementing highshy
impact strategies and assessing their performance This report also provides state-specific data
intended to-
1 Highlight how some states are making great strides in reducing smoking rates using evidence-based strategies while also showing that more work needs to be done in other states
2 Enable readers to see how their own states perform 3 Help policymakers with decision making
Post and share 2012 Tobacco Control State Highlights Buttons (tobaccobuttonsstate highlightsjindexhtm)
Interested in posting this syndicated content on your Web site
See the 1ist of Smoking and Tobacco Use syndicated pages Chttptoolscdcgovsyndicationpagesaspx
mediaCo11ectionld=s) find the page and select the Add to List link next to it
Related Archived Link I
bull Tobacco Control State Highlights 2010 (tobaccodata statisticsstate datastate highlights2010indexhtm) - --
htt I lnrnrm rJ anvtnhJrroclata statisticsstate datastate highlights20 12indexhtm 1282013
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use Page3 of3
Persons with disabilities who experience problems accessing the 2012 Tobacco Control
State Highlights should contact tobaccoinfocdcgov (mailtotobaccoinfocdcgov) or call1
-Soo-CDC-INFO (1-800-232-4636)
Page last reviewed January 24 2013 Page last updated January 24 2013 Content source Office on Smoking and Health National Center for Chronic Disease Prevention and Health Promotion
Centers for Disease Control and Prevention 1600 Clifton Rd Atlanta GA 30333 USA 8oo-CDC-INFO (800-232-4636) TTY (888) 232-6348- Contact CDC-INFO
11ttnwwwcdc 1mvtobaccodata statisticsstate datastate_ highlights2012indexhtm 12820 13
NORTH DAKOTA
Monitor
Adult Current CigaretteSmokeless Tobacco Use
In North Dakota the percentage of adults (ages 18+)
who currently smoke cigarettes was 219 in 2011
Across all states and DC the prevalence of cigarette smoking among adults ranged from 118 to 290
North Dakota ranked 30 among the states
The percentage of adults who currently use smoke-less tobacco was 76 in 2011 Across all states and DC the prevalence ranged from 14 to 98 North Dakota ranked 49 among the states
Current Cigarette and Smokeless Tobacco Use among Adults by Demographic Characteristics
National (median)
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
Less than high school degree
High school degree
More than high school degree
18-24 years old
25-44 years old
45-64 years old
65+ years old
bull Cigarettes
0 10 20
bullbullbull Sample size lt50
ml Smokeless Tobacco
30 40 Percent
50 60 70 80
Source Behavioral Risk Factor Surveillance System 2011
300
NORTH DAKOTA Youth Current CigaretteSmokeless TobaccoCigar Use
In North Dakota the percentage of youth in grades 9-12
who currently smoke cigarettes was 194 in 20 11 The range across 44 states was 59 to 241 North Dakota ranked 34h among 44 states
The percentage of youth who currently use smokeless tobacco was 136 in 2011 The range across 40 states was 35 to 169 North Dakota ranked 36h among 40 states
The percentage of youth who currently smoke cigars was 135 in 201 1 The range across 37 states was 50 to 183 North Dakota ranked 17h among 37 states
The percentage of youth who currently use tobacco (ie cigarettes smokeless tobacco andor cigars) was 283 in 2011 The range across 36 states was 78 to 319 North Dakota ranked 30h among 36 states
Tobacco Use among High School Students by Demographic Characteristics
bull Cigarettes
National
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
9th grade
1Oth grade
11th grade
12th grade
IE Smokeless Tobacco bull Cigars
0 10 20 30 Percent
Cigarettes smokeless tobacco andor cigars Sample size lt100
301
liil Tobacco
40 50 60 70
Source Youth Risk Behavior Survey 2011
NORTH DAKOTA Past-Year Cigarette Initiation
In 2008-2009 of all North Dakota youth ages 12-17
who had never smoked 66 smoked a cigarette for the first time in the past year This ranked 37 in the nation with a range of 33-92 among the states
Of all young adults ages 18-25 who had never smoked 147 smoked a cigarette for the first time in 2008-
2009 This ranked 51 in the nation with a range of 42-147 among the states
Past-Year Cigarette Initiates among Persons Aged 12-25 by Age of First Use 2002-2009
ltfJ c Ql v Ql c
25
20
15
10
5
0
__ Total Initiates -11- Initiates aged 12-17 --+-- Initiates aged 1 8-25
2002-2003 2004-2005 2006-2007 2008-2009
Year Source National Survey on Drug Use and Health 2002-2009
302
NORTH DAKOTA
Protect
Adult Exposure to Secondhand Smoke
Among all adults the percentage who reported being exposed to secondhand smoke within the past 7 days was lower in North Dakota than
Exposure to Secondhand Smoke
in the nation overall In 2009-2010 overall exposure to secondhand smoke in North Dakota was 450 ranking 1 8 among the states
I I I I Overall Workplaces i Homes 1 Vehicles Public Places I I
450
Adults were exposed to secondhand smoke in various locations The table shows the percentage of North Dakota adults who reported any exposure as well as exposure in their home in a vehicle or in indoor or outdoor areas at work or public places in the past 7 days
c Ql
100
Secondhand Smoke Exposure and Opinions about Smoking
in the Workplace bull National bull North Dakota
80
60 Ql a
Adults Reporting Being
Exposed to Secondhand
Smoke (overall)
Adults Who Think
Smoking Should Never be
Allowed in the Workplace
Source National Adult Tobacco Survey 2009-2010
Opinions about Smoking in the Workplace
In 2009-2010 778 of adults in North Dakota thought that smoking should never be allowed in indoor workplaces ranking 30 among the states
303
180 81 150 324 Source National Adult Tobacco Survey 2009-201 0
Smoke-Free Home Rules
In 2009-2010 836 of adults in North Dakota reported that their homes had smoke-free home rules ranking 18 among the states The percentage of homes without smoke-free home rules with children living in them was 284 ranking 11 among the states
Smoke-Free Home Rules and Homes without Rules that have Children
c Ql v Ql a
100
bull National
SmokemiddotFree Home
Rules
bull North Dakota
Homes without Rules
that have Children
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA State Smoke-Free Policy
As ofJune 30 2012 North Dakota had a smokeshyfree law that prohibits smoking in indoor areas of workplaces but not restaurants or bars The state allowed communities to enact local smoke-free laws
Note See Appendix B for updated legislation rhar rakes effect afrer June 30 2012
Offer
Adults Who Made a Quit Attempt in the Last Year
During 2009-2010 552 of North Dakota adult smokers made a quit attempt in the past year ranking 22d among the states
National
Percentage of Smokers Attempting to Quit
WORSE
In North Dakota
552 of adults made a quit attempt
ranking 22d
Source National Adult Tobacco Survey 2009-2010
Quitline Utilization
In 2010 the North Dakota quidine received 7478
calls and 1 342 tobacco users (an estimated 12 of all tobacco users in the state) received telephone counseling cessation medications or both from the state qui dine
Smoke-Free Legislation
I I Local Laws Workplaces Restaurants l Bars Permitted
Yes
I I
No No Yes Designated Smoking Areas t Ventilated Smoking Areas
bull Allowed for nonshyhospitality workplaces
1 Prohibited ror nonshyhospitJiity workplaces
t No Restrictions Allowed smoking in venues that prohibit minors
Note Not all footnotes may be used Source STATE System June 2012
304
Medicaid Coverage for Counseling and Medications
In 2010 North Dakotas Medicaid program provided incomplete coverage through Medicaid for tobaccoshydependence treatment North Dakota provided full coverage for some nicotine replacement therapies full coverage for varenicline full coverage for bupropion and no coverage for counseling (individual or group)
Medicaid Coverage for Counseling and Medications
Comprehensive Coverage
No
I Counseling NRT
Ms (On
1e or 1 Varenicline Jl Bupropion (Individual
ore andor Group)
Yes Yes Yes No
Pregnant women only t Fee-for-service only
Available only via the quitline
Note Not all footnotes may be used Source Halpinet a 2011
NORTH DAKOTA
Warn
Tobacco Counter-Marketing Media Intensity
CDC Best Practices recommendations translate into an average quarterly exposure of 1200 general audience gross raring points (GRPs) and 800 youth target raring points (TRPs) in effective anti-tobacco media campaigns North Dakota had an average of 10356 general audience GRPs and 1436 youth TRPs per quarter in television advertising supporting tobacco control messages in 2010
Anti-Tobacco Media Campaign Intensity G RPs Per Quarter
National
Median
2427 GRPs
General Audience
WORSE
North Dakota
Average 10356
GRPs (101h)
Source CDCOSH
Anti-Tobacco Media Campaign Intensity T RPs Per Quarter
National
Median
3 97TRPs
Youth (12-17Years)
WORSE
North
Dakota Average 1436 TRPs (13h)
Source CDCOSH
305
Knowledge of the Dangers of Tobacco
In North Dakota 657 of adults thought that breathing smoke from other peoples cigarettes or other tobacco products is very harmful to ones health in 2009-2010 Additionally 832 thought that cigarette smoking is very addictive
Secondhand Smoke
National
Average
656
WORSE
In North Dakota 657 of adults thought
__ secondhand smoke is very harmful The range
across all states was 721 to 559 North
Dakota ranked 17h
among the states
Source National Adult Tobacco Survey 2009-2010
Addictiveness of Smoking
National
Average
854
WORSE
In North Dakota 832 of adults thought that
smoking is very addictive The range across all states was
905 to 806 North __ Dakota ranked 45h among the states
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA
Enforce
State Allows Local Advertising and Promotion Laws State Allows Local Laws
As ofJune 30 2012 North Dakota allowed local regulation of tobacco industry promotions tobacco product sampling and display of tobacco products in commercial establishments
Promotion t Sampling I Display
Yes Yes Yes Source STATE System June 2012
Over-the-Counter Retail Licensure
As of June 30 2012 North Dakota required all establishments selling cigarettes and smokeless tobacco products over-the-counter to be licensed Nationally 37
states required over-the-counter licensure for cigarettes 29 of which also have a requirement for smokeless tobacco with various renewal frequencies fees and penalties for violations
Over-the-Counter Licensure and Penalties
Over-the- Minimum I Renewal I Penalty to Licensure Counter License License Fee Required I Business Includes _ Rqired _ _ (amp Frequelcy) _ Sruo_kes Toacc
$1500
Yes Yes
bull Annually Note Not all footnotes may be used bull Class A Misdemeanor Fine or Imprisonment or both Source STATE System June 2012
306
NORTH DAKOTA
Raise
Amount of Tobacco Product Excise Tax
As of June 302012 the excise tax on cigarettes in North Dakora was $044 per pack ranking 46h among the states The tax on cigars was 28 of the wholesale purchase price per cigar and for little cigars the tax was 28 of the wholesale purchase price per pack of 20 The tax on chewing tobacco was $0 I 6 per ounce with snuff taxed at $060 per ounce
Amount of Cigarette Excise Tax
National
Median
$1339
WORSE
As of June 30 2012
North Dakota had a
$044 cigarette excise tax-ranking 461h
among the states The range across states was
$435 to $017 per pack
Source STATE System June 2012
307
Price Paid for Last Cigarettes Purchased
In North Dakota 656 of adult smokers bought their last cigarettes by the pack and 344 bought them by the carton in 2009-2010 The average price that North Dakota smokers reported paying for their last pack of cigarettes was $433 in 2009-201 0 the range among states was $798 to $404 The average price that North Dakota smokers reponed paying for their last carton of cigarettes was $3561 in 2009-2010 the range among 45
states with valid data was $6445 to $3046
CAMPAIGN ov ToBACco-fREE
Kirk-middot
bull
ancer Action jii
N EW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVI NGS FROM A $100 CIGARETTE TAX I N C REASE I N NORTH DAKOTA
Cu rrent state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $1 048 per pack
Annual health care expenditu res in North Dakota directly caused by tobacco use $247 m illion S mokin g-caused state Med icaid program spending each year $47 mi l l ion
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $325 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase Percent decrease in youth smoking 154
-- -- -------------------------------------
Kids in North Dakota kept from becoming addicted adult smokers 6300 ------------------ --------------------------------------------------------------------------------
Current adult smokers in the state who would quit 5200 -----------------------------------------------------------------
Smoking-affected births avoided over next five years 900 -- -- --------
North Dakota residents saved from premature smoking-caused death 3400 ----middot-------------------- ------------------------------------------- middot --
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000 ------------ -----------------------------------
5- Year health care cost savings from fewer smoking-affected pregnancies amp births $213 mil l ion f-------------------------------------------------------------------------------------------------------------------------5- Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 mil l ion r------------------------------------------------------------------------------------------------------5- Year Medicaid program savings for the state $240000 ------------------------------------------------------------------------------------------------------- -----------
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 mil l ion 122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly diminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new reven ues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider all aspects of state tax pol icy related to OTPs (incl uding the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category linked to the state cigarette tax rate on a per-package or pe r-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoliciesltaxlus state local and httpwwwacscanorqltobaccopolicv
For more on sources and calculations see httpllwwwtobaccofreekidsorgresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Explanations amp Notes
Health care costs l isted at the top of the page are from the US Centers for Disease Control and Prevention
Projections a re based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the higher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggling and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion httptobaccofreekidsorgresearchfactsh eetspdf0274pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate i ncrease All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are limited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also limited because small tax i ncreases are unl ikely to produce significant public health benefits
Ongoing reductions in state smoking rates wil l over time gradually erode state cigarette tax revenues (in the absence of any new rate increases) But those declines are more predictable and less volatile than many other state revenue sources such as state income tax or corporate tax revenues (which can drop sharply during recessions) In addition the smoking declines that reduce tobacco tax revenues will simultaneously produce much larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdf0357pdf
For more on sources and calculations see httplwww tobaccofreekidsorqresearchlfactsheetslpdf028 1pdf
Needed State Efforts to P rotect State Tobacco Tax Revenues
Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qual ifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on all tobacco products to block tax evasion and promote tax equity No
High-tech tax stamps to stop counterfeiting and other smuggling and tax evasion No
Retailers lose license if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
North Dakota Tobacco Prevention and Control Executive Comm ittee
Center for Tobacco Prevention and Control Policy 4023 State Street Suite 65 bull Bismarck N D 58503-0638
Phone 70 1 328 5 1 30 middot Fax 701 328 5 1 35 middot Tol l Free 1 877277 5090
Testimony House Bil l 1 387
1 0 00 am Jan uary 29 20 1 3 House F inance and Taxation Comm ittee
Good morning Chairman Belter and members of the House Finance and Tax Committee I am Jeanne Prom executive director of the N D Center for Tobacco Prevention and Control Policy
I ncreasing the tobacco tax sig nificantly wil l lead to a decrease in tobacco use in our state Tobacco use is the leading cause of preventable disease and death and the tol l of tobacco u se in North Dakota is hig h
bull An n ual health care costs in North Dakota directly caused by smoking $247 mil l ion bull Portion paid by the state Medicaid prog ram annually $47 mil l ion bull N u mber of North Dakota adu lts who will die from smoking this year 800 bull High school students who smoke 7 400 (1 94) bull Male hig h school students who use smokeless or spit tobacco 22 2 bull Kids u nder 1 8 who become new daily smokers each year 600
The North Dakota Tobacco Prevention and Control Advisory Committee in its plan Saving Lives - Saving Money North Dakota s Comprehensive State Plan to Prevent and Control Tobacco Use cal ls for a sig nificant increase in al l tobacco taxes - to $2pack - to keep kids from starting and prompt users to quit As you can see on the attachments North Dakotas tobacco tax is one of the lowest in the country at 44 centspack This tax hasnt been increased since 1 993 The low tax resu lts in inexpensive tobacco that is affordable to youth and populations with l imited incomes and high smoking rates High tobacco taxes work most effectively to cut use among lower-income smokers and young male smokeless tobacco users - two g roups that suffer disproportionately from the harms of tobacco use
Tobacco use and its health hazards are completely preventable Raising the tobacco tax to $2pack with a comparable tax amou nt on other tobacco products can be expected to
bull Decrease youth smoking by 24 bull Reduce the number of kids from becoming addicted adult smokers by 9 900 bull Reduce the n umber of adults in the state who smoke by 8 200 bull Save the state mil l ions of dol lars in smoking-related health care costs over j ust 5 years
Please consider H B 1 387 with amendments to i ncrease the tobacco tax to $2pack with a comparable tax increase on al l other tobacco products
Thank you for your time and consideration I am happy to respond to any questions
The To bacco i n N o rth Da kota Updated Dec 5 2012
The Tol l of Tobacco in North Dakota
High school students who 1 94 (7400)
smoke middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot
Male high school stuents who 222
S SrlkS r Pt
t
Kids (under 1 8) who become 600
-middot- -IY S- X
Kids exposed to secondhand 42000
smoke at home Packs of cigarettes bought or
1 9 m il l ion lt9 Y i
------ Xr
Adu lts in North Dakota who smoke
21 9 ( 1 1 6 600)
Due to changes in CDCs methodology the 20 1 1 adult smoking rate cannot be
compared to adult smoking data from previous years
US National Data (201 1 )
i- -ltl flin
rt
Male h igh school students who 1 28
use smokeless tobacco
- n9 1 g(
Deaths i n North Da kota from Sm oking
Adults who die each year from th
k 800
e1r own smo mg
Kids now under 1 8 and alive in North Dakota who will ultimately 1 1 000 die prematurely from smoking
Smoking kil ls more people than alcohol AIDS car crashes i l legal drugs murders and suiCides combined - and thousands more die from other tobacco-related
causes - such as fires caused by smoking (more than 1 000 deathsyear nationwidr d smokeless tobacco use
Sm oking-Caused Monetary Costs in North Dakota
Annual health care costs in North Dakota directly caused by$247 m i ll ion
ltn
Portion covered by the state $47 m il l ion
-ii P9--
Residents state amp federal tax burden from srnoking-caused $574 per house hold
V-nt Pn i_
t
r
Smoking-caused productivity $ 1 92 m i l l ion
losses in North Dakota
Amounts do not include health costs caused by exposure to secondhand smoke smoking-caused fires smokeless tobacco use or cigar and pipe smoking Tobacco vse also imposes additional costs such as workplace productivity losses and damage to property
Tobacco Industry I nflue nce in North Dakota
Annual tobacco industry marketing expenditures nationwide
$85 bil l ion
Estimated portion spent for North Dakota marketing each $257 m il l ion
year
Published research studies have found that kids are twice as sensitive to tobacco advertising than adults and are more l ikely to be influenced to smoke by cigarette marketing than by peer pressure One-third of underage experimentation with smoking is attributable to tobacco company advertising
View sources of information
More detailed fact sheets on tobaccos toll in each state are avai lable by emailing factsheetstobaccofreekids org
CAMPAIGN middot ov
ToBA((o-fRpoundpound K ick
Guam $300 No Marianas Islands $1 75
MAP OF STATE CIGARETTE TAX RATES
Average State Cigarette Tax $1 48 per Pack
Average Cigarette Tax in M ajor Tobacco States 485 cents per Pack
Average Cigarette Tax in N on-Tobacco States $1 61 per Pack
TX $1 41
gt
$320 Puerto Rico $223
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate since 1 999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $ 1 00 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or h igher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages l i sted above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The major tobacco states with extensive tobacco farming and often cigarette manufacturin g are NC KY VA SC TN amp GA Federal cigarette tax is $1 01 per pack Not shown are the special taxes or fee s some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local g overnments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) N ew York City ($1 50) and Anchorage AK ($2206) The U S Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $ 1 047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn
For m o re information on state cigarette taxes and the benefits from increasing them see httpwwwtobaccofreekidsorgfacts issuesfact s h eetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1 400 I Street NW middot Suite 1 200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekid sorg
State Tax
Alabama $0425 Alaska $200 Arizona $200 Arkansas $1 1 5 California $087 Colorado $084 Connecticut $340 Delaware $1 60 DC $250 Florida $1 339 Georgia $037 Hawai i $320 Idaho $057 I l l inois $1 98
Indiana $0995 Iowa $ 1 36 Kansas $079 Kentucky $060
STATE CIGARETTE EXCISE TAX RATES amp RANKINGS
Overal l All States Average $1 48 per pack
Major Tobacco States Average 485 cents per pack Other States Average $1 61 per pack
Rank State Tax Rank State
47th Louisiana $036 49th Oklahoma 1 1 th Maine $200 1 1 th Oregon 1 1 th Maryland $200 1 1 th Pennsylvania 30th Massachusetts $251 9th Rhode Island 33rd Michigan $200 1 1 th South Carolina 34th Minnesota $1 23 28th South Dakota 3rd Mississippi $068 37th Tennessee
2 1 st Missouri $0 1 7 5 1 st Texas 1 0th Montana $1 70 1 7th Utah 26th Nebraska $064 38th Vermont 48th Nevada $080 35th Virginia 4th New Hampshire $ 1 68 1 9th Washington
42nd New Jersey $270 6th West Virgin ia 1 6th New Mexico $1 66 20th Wisconsin
32nd New York $435 1 st Wyoming 25th North Carolina $045 45th Puerto Rico 36th North Dakota $044 46th G uam 40th Ohio $ 1 25 27th Northern Marianas
Tax stamp Includes 75cent health 1mpact fee
Tax Rank
$1 03 3 1 st $1 1 8 29th $1 60 2 1 st $350 2nd $057 42nd $ 1 53 23rd $062 39th $1 41 24th $1 70 1 7th $262 7th $0 30 50th
$3025 5th $055 44th $2 52 8th $060 40th $223 NA $300 NA $1 75 NA
Table shows al l cigarette tax rates in effect now Since 2002 47 states DC and several US territories have increased their cigarette tax rates more than 1 05 times The three states in bold type have not increased their cigarette tax since 1 999 or earlier Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $1 00 per pack or higher 14 states DC and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $4 00 per pack Tobacco states are KY VA NC SC GA and TN States average includes DC but not Puerto Rico other U S territories or local cigarette taxes The median tax rate is $1 34 per pack AK M l MN MS UT also have special taxes or fees on brands of manufacturers not participating in the state tobacco lawsuit settlements (NPMs)
The highest combined state-local tax rate is $585 in New York City with Chicago IL second at $566 per pack Other high state-local rates include Evanston IL at $548 and Anchorage AK at $4206 per pack For more on local cigarette taxes see httptobaccofreekids orgresearchfactsheetspdf0267 pdf
Federal cigarette tax is $1 01 per pack From the beginning of 1 998 through 2002 the m ajor cigarette companies increased the prices they charge by more than $1 25 per pack (but also instituted aggressive retail-level discounting for competitive pu rposes and to reduce related consumption declines) In January 2003 Philip Morris instituted a 65-cent per pack price cut for four of its major brands to replace its retail-level discounting and fight sales losses to discount brands and R J Reynolds followed suit In the last several years the major cigarette companies have increased their product prices by almost $ 1 00 per pack The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs total $1047 per pack sold and consumed in the US The average price for a pack of cigarettes nationwide is roughly $600 (including statewide sales taxes but not local cigarette or sales taxes other than NYCs $1 50 per pack cigarette tax) with considerable state-to-state differences because of d ifferent state tax rates and different manufacturer wholesaler and retailer pricing and discounting practices AK DE MT NH amp OR have no state retai l sales tax at al l OK has a state sales tax but does not apply it to cigarettes MN amp DC apply a per-pack sales tax at the wholesale level and AL GA amp MO (unl ike the rest of the states) do not apply their state sales tax to that portion of retai l cigarette prices that represents the states cigarette excise tax
Campaign for Tobacco-Free Kids December 13 2012 I Ann Boonn
For additional i nformation see the Cam paigns website at httplwwwtobaccofreekidsorgwhat we dostate localtaxes
Sources Orzechowski amp Walker Tax Burden on Tobacco 201 1 media reports state revenue department websites
middot Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change ih the actual excise tax rates just the way that the rates are listed
1 400 I Street NW - Suite 1 200 - Washington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
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NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $156 CIGARETTE TAX INCREASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $ 1 048 per pack
Annual health care expend itures in North Dakota directly caused by tobacco use $247 m ill ion Smoking-caused state Med icaid program spending each year $47 m il lion
New Annual Revenue from Increasing the Cigarette Tax Rate by $156 Per Pack $4109 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate I nc rease
Percent decrease in youth smoking 240 Kids in North Dakota kept from becoming addicted adult smokers 9900 Current adult smokers in the state who would quit 800 Smoking-affected births avoided over next five years 1 500 North Dakota residents saved from premature smoking-caused death 5400 5-Year health care cost savings from fewer smoking-caused lung cancer cases $1 26 million
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $333 mill ion
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $233 mill ion
5-Year Medicaid program savings for the state $380000 Long-term health care cost savings in the state from adult amp youth smoking declines $35066 mil l ion
122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years wi l l similarly diminish or el iminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider al l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $2 00 per pack cigarette tax the states new OTP tax rate should be at least 60 of the wholesale price with m inimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoiciesltaxlus state local and httpllwwwacscanorqltobaccopoicy
For m ore on sources and calculations see httpllwwwtobaccofreekidsorglresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer A ction Network Melissa Maitin-Shepard
Explanations amp Notes Health care costs l isted at the top of the page are from the US Centers for Disease Control and P revention
Projections are based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the h igher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggl ing and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion http 1tobaccofreekids orgresearchfactsheetspdf027 4 pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate increase All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are l imited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also l imited because small tax increases are unl ikely to produce significant public health benefits
Ongoing red uctions in state smoking rates will over time gradually erode state cigarette tax revenues (in the absence of any new rate i ncreases) But those declines are more predictable and less volatile than many other state revenue sources such as state i ncome tax or corporate tax revenues (which can drop sharply during recessions) I n addition the smoking declines that reduce tobacco tax revenues will sim ultaneously produce m uch larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdfl0357 pdf
For more on sources and calculations see httpllwww tobaccofreekidsorqlresearchlfactsheetspdf0281 pdf
Needed State Efforts to Protect State Tobacco Tax Revenues Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qualifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on al l tobacco products to block tax evasion and promote tax equity No
H ig h-tech tax stamps to stop counterfeiting and other smuggl ing and tax evasion No
Retailers lose l icense if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
Testimony of Bill Shalhoob
Greater North Dakota Chamber of Commerce HB 1 3 87
January 29 20 1 3
Greater North Dakota Chamber
Mr Chairman and members of the committee My name is Bill Shalhoob and I am here today representing the Greater North Dakota Chamber of Commerce the champions for business in North Dakota GNDC is working to build the strongest business environment possible through its more than 1 1 00 business members as well as partnerships and coalitions with local chambers of commerce from across the state GNDC also represents the National Association of
Manufacturers and works closely with the US Chamber of Commerce As a group we stand in opposition to HB 1d urge a do not pass from your committee on the bill
nn GNDC has a long history of opposing excise taxes which we believe are onerous and unfair
We have a difficult time understanding this bill and the tax increase from 1 7 mills to 45 mills a
1 65 raise according to our math proposed in it North Dakota certainly does not need the
additional revenue that might come from this tax increase Our focus in this session is on tax decreases not increases If we are trying to do social engineering that is to discourage the practice the tax code is a poor place to do it If the goal is to eliminate smoking introduce a bil l prohibiting the sale or use of tobacco products in the state As witnessed by our experience with Minnesota increasing their cigarette tax with a health fee all we do is drive sales to a lower priced location by passing this bil l We see no acceptable reason to enact this tax
Thank you for the opportunity to appear before you today in opposition to HB 1 3 87 I would be happy to answer any questions
Champions Business
PO Box 2639 P 701middot222-0929 Bismarck NO 58502 F 701-222-1611
wwwndcharnbercorn
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North Dakota Retai l Association NO Petroleum Marketers Association
North Dakota Propane Gas Association
---- LEG S LAT VE BU LLET N Testimony- HB 1387
January 29 2013- House Finance and Tax Committee
Chairman Belter and Members of the House Finance and Tax Committee
We know any type of tax tends to put the squeeze on consumer spending potentially strain
household budgets and curb retail sales Which is exactly why the North Dakota Petroleum
Marketers Association and its 400 members from across the state are asking you to vote
NO on HB 1387
Passage of HB 1387 will burden North Dakotas lower Income Earners Cigarette
excise taxes are regressive in nature B ased on data from the Center for
Disease Control roughly 30 of adults in North Dakota who earn less than
$ 15000 are smokers whereas only 160 of adults who earn $50000 or
more are smokers Raising taxes will further unfairly burden low-income
earners
Passage of HB 1387 will harm the retail sector as well
Increasing the excise tax could hurt legitimate retailers when
adult smokers shift purchases to other outlets such as the internet This
would negatively affect North Dakota s 1 300 retailers
Even more pressing is the fear Passage of HB 1387 could increase illegal cigarette trafficking
An excise tax increase could provide incentives for smuggling and other
contraband activities resulting in lost revenues According to the Bureau of
1 02 5 North 3rd Street bull PO Box 1 9 5 6 bull Bismarck NO 58502 bull 701 -223-3370 bull Fax 7 0 1 -223-5004 Web Address ndretailorg bull ndpetroleumorg bull ndpropaneorg
Alcohol Tobacco Firearms and Explosives cigarette smuggling has
turned into a lucrative business for criminals who trade cigarettes and other
tobacco products on the black market Nationally its estimated $5 billion in
tax revenue annually is lost on the black market
For all of these reasons NDPMA is asking for a NO vote on HB 1387
Thank you for your time and consideration
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote
Name Kathryn L Strombeck
Agency Office of Tax Commissioner
Telephone 328-3402
Date Prepared 0 1 2820 1 3
Date I - 3 0 - I 3 Roll Call Vote ---- __ _
2013 HOUSE STAN DING COMMITTEE ROLL CALL VOTES
BILLRESOLUTION NO I 3 ] House Finance and Taxation
0 Check here for Conference Committee
Legislative Council Amendment Number
Committee
Action Taken 0 Do Pass Do Not Pass 0 Amended 0 Adopt Amendment
0 Rerefer to Appropriations 0 Reconsider
Motion Made By Seconded By
Representatives Ye No Representatives Chairman Wesley Belter _v Rep Scot Kelsh Vice Chairman Craig Headland z Rep Steve Zaiser Rep Matthew Klein v Rep Jessica Haak Rep David Drovdal v Rep Marie Strinden Rep Glen Froseth v Rep Mark Owens v Rep Patrick Hatlestad V Rep Wayne Trottier Rep Jason Dockter I Rep Jim Schmidt j
Yes Nv
- v v
Total (Yes) I d No _ ___ ________ _
Absent I Floor Assignment
If the vote is on an amendment briefly indicate intent
Com Standing Committee Report January 30 2013 456pm
Module ID h_stcomrep_17 _023 Carrier Froseth
REPORT OF STANDING COMMITTEE HB 1387 Finance and Taxation Committee (Rep Belter Chairman) recommends DO
NOT PASS (12 YEAS 1 NAYS 1 ABSENT AND NOT VOTING) HB 1387 was placed on the Eleventh order on the calendar
(1) DESK (3) COMMITIEE Page 1 h_stcomrep_1 7 _023
2013 TESTIMONY
HB 1387
Just to set the stage let me pass on what King James I said when he was first presented with tobacco in 1604 After smoking it he became sick and later wrote that tobacco was loathsome to the eye hateful to the nose harmful to the brain and dangerous to the lungs
The purpose of this bill is not to raise money It is to give an extra incentive to help
people quit smoking If enacted HB 1387would raise North Dakotas cigarette tax
by 56 cents from 44 cents a pack to $100 a pack That would increase the cost of
a pack by between 10 and 15 percent depending on the cost of the brand today
Nmih Dakota is one of three states which have not raised their tobacco tax since 1999 The average for all states is $148 a pack The average for all non-tobaccoshyproducing states is $161 a pack 45 states have cigarette taxes higher than Nmih Dakotas North Dakota lags well behind its bordering states South Dakota hardly a high tax state levies $153 per pack Minnesota $156 and Montana $170
Now how effective will increasing the cigarette tax be in reaching its goal to decrease smoking rates in North Dakota
A Dece1nber 1998 study of cigarette price elasticity by Credit Suisse First Boston Corporation concluded that conservatively cigarette consumption would decline by four percent for every 10 increase in price
A more recent study finds that each 10 price increase reduces youth smoking by 65 adult smoking by 2and total consumption by about 4oo
And reports from other states of actual declines in smoking following tax increases confirms that sturdy tax increases are effective in reducing smoking rates In 2009 Arkansas raised its tax by 56 cents to $115 within the first year after the tax increase sales of cigarettes declined by 27 In 2007 South Dakota raised its tax by $100 to $153 and experienced a 26 decline in sales In the same year Texas raised its tax a dollar to $141 and cut sales of cigarettes by 21 oo
I have three reasons for wanting to help people quit smoking one is personal one is humanitarian and the third is economic First the personal I tried to quit three times but lapsed each time Ill never forget how angry I was at myself for being controlled by a powerful force It was only when I calculated how much I was spending a year on cigarettes and what I couldnt buy because of smoking that I was able to quit
Secondly I hate to see people many of whom are addicted suffer needlessly have years cut off their lives their family broken by emphysema heart disease cancer and early death And finally to my economic concern The 186 of North Dakotans who smoke are responsible for $24 7 million a year in health care expenditures That cost is passed on to the rest of us in the form of higher insurance premiums higher Medicaid costs and higher hospital uncollectables Reduction in the number of smokers means a reduction in health care premiums for the rest of us
A December 30 2010 Fargo Forum editorial summed up the case for raising taxes on cigarettes In concert with public smoking bans cessation programs and antishysmoking campaigns higher tobacco taxes are an important tool to persuade smokers to snuff out the habit--or better yet convince teens never to start
Research shows higher taxes pay public dividends A 10 increase in the real price of cigarettes will reduce adult smoking by 2 and cut teen smoking by
roughly 7 That would make a difference in North Dakota where tobacco use rates are high 22 of students in grade nine smoke Thats alarmingly high and greater than the percentage of adults which is 18
Make no mistake taxpayers pay for smokers Medicaid costs for smoking- related illnesses are estimated at $47 million a year Factor in lost productivity--$192 million a year--and all direct medical expenditures--$250 million a year-- and the cost of cigarettes adds up to roughly $700 a year per person
I said at the beginning that the purpose of this increase in cigarette taxes was not to raise revenues But it will bring in somewhere around $32 million next biennium As the bill stands now that money would simply go into the General Fund But I could see the money being targeted for instance it could help pay for Medicaid costs related to smoking or it could provide $4000 college scholarships to 4000 needy students or to high achieving students in STEM fields Or it could be split among North Dakota hospitals to help pay for uncompensated care losses especially in the west Should the committee have any interest in the bill I would cetiainly be open to an amendment targeting the increased funds to any purpose committee members thought appropriate
I hope the committee will add one more tool to help addicted people kick this habit and compensate the state for the large medical costs created by smoking
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NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $100 C IGARETTE TAX INC REASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $10 48 per pack
Annual health care expenditures in North Dakota directly caused by tobacco use $247 million Smoking-caused state Medicaid program spending each year $47 million
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $3235 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase
Percent decrease in youth smoking 154
Kids in North Dakota kept from becoming addicted adult smokers 6300
Current adult smokers in the state who would quit 5200
Smoking-affected births avoided over next five years 900
North Dakota residents saved from premature smoking-caused death 3400
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $213 million
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 million
5-Year Medicaid program savings for the state $240000
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 million
122112 TFKI January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly d iminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products I t is important to consider a l l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $ 1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorglfacts issuesfact sheetslpoliciesltaxlus state local and httpllwwwacscanorgltobaccopolicv
For more on sources and calculations see httpwwwtobaccofreekidsorqresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Guam $300 No Marianas Islands $175
MAP O F STATE C IGARETTE TAX RATES
Average State Cigarette Tax $148 per Pack Average Cigarette Tax in Major Tobacco States 485 cents per Pack
Average Cigarette Tax in Non-Tobacco States $161 per Pack
0 HI $320 Puerto Rico $223 I
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate
since 1999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam
have cigarette tax rates of $100 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages listed above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The
major tobacco states with extensive tobacco farming and often cigarette manufacturing are NC KY VA SC TN amp GA Federal cigarette tax is $101 per pack Not shown are the special taxes or fees some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local governments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) New York City ($150) and Anchorage AK ($2206) The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $1047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn For more information on state cigarette taxes and the benefits from increasing them see
httpwwwtobaccofreekidsorgfacts issuesfact sheetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1400 I Street NW middot Suite 1200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
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From Dr Eric L Johnson MD Grand Forks ND
President
Tobacco Free North Dakota
Associate Professor
Department of Family and Community Medicine
UNDSMHS
Director lnterprofessional Education
UNDSMHS
Medical Director
Physician Assistant Program
UNDSMHS
Assistant Medical Director
Altru Diabetes Center
FMC-Aitru Health System
Assistant Medical Director
Valley Memorial Homes
Although Im unable to appear in person Id like to offer information regarding tobacco
specifically cigarette taxation and its specific relationship to reducing youth smoking I have
actively been involved in tobacco related issues since beginning my association with NDQuits
formerly known as the North Dakota Tobacco Quitline
We are fortunate to have up to date quality information to support this effort in reducing
smoking among youth in North Dakota Here is the current state of tobacco use among youth
in our state
Cigarette Use
bull 44 ever tried cigarette smoking (1)
bull 19 smoked cigarettes on at least 1 day during the 30 days before the survey
bull 8 smoked cigarettes on 20 or more days during the 30 days before the survey
bull 47 did not try to quit smoking cigarettes (2)
Other Tobacco Use
bull 14 used chewing tobacco snuff or dip on at least 1 day during the 30 days before the
survey
bull 13 smoked cigars cigarillos or little cigars on at least 1 day during the 30 days before the
survey
Any Tobacco Use
bull 28 smoked cigarettes smoked cigars cigarillos or little cigars or used chewing tobacco
snuff or dip on at least 1 day during the 30 days before the survey
The current data support 2 ways to reduce youth smoking One is instituting smoke free laws
North Dakota voters strongly supported this in the election in November 2012 passing North
Dakotas new smoke-free law by a margin of 2 to 1 with every county and legislative district
voting in favor so its pretty clear this is what the people of North Dakota wanted Although
these laws are primarily designed to reduce the infliction of injury on others from secondhand
smoke smoke-free laws do tend to reduce youth smoking
The other way to reduce youth smoking is to increase taxes per pack of cigarettes
In a newly published study in the prestigious American Journal of Public Health doubling the
price of cigarettes decreased youth smoking by 13 which was the most effective way to cut
smoking in this population Its also estimated that in total in the states that increased tobacco
taxes during the study period resulted in 220000 fewer youth smokers
Other established previously published studies showed other benefits from increasing tobacco
taxes
bull Every 10 percent increase in the real price of cigarettes reduces overall cigarette
consumption by approximately three to five percent reduces the number
of young-adult smokers by 35 percent and reduces the number of kids who smoke by
six or seven percent
bull Cigarette price and tax increases work even more effectively to reduce smoking among
males Blacks Hispanics and lower-income smokers
bull A cigarette tax increase that raises prices by ten percent will reduce smoking among
pregnant women by seven percent saving many newborns from suffering from
smoking-affected births and related health consequences
bull Many states note increase in access to quit services such as what North Dakota has with
NDQuits when tobacco taxes increase Wisconsin and Iowa have notable data in this
area- for example Wisconsin went from about 9000 calls a month to 20000 in a month
after a new cigarette tax In Washington the number of smokers decreased by 100000
after their tobacco tax increase
Now I think many would say that North Dakota doesnt need another taxation revenue stream
and we are fortunate in North Dakota in that regard As well the people of North Dakota have
historically supported tobacco prevention funding- for example the well-known so called
Measure 3 of 2008 Currently North Dakota ranks very low in tobacco tax- we are ranked
46th with a state tax of 44 cents per pack The highest tobacco tax state is New York at $435
per pack The overall average is $128 Some may say that tobacco taxes pay for themselves
with health care but its estimated that each pack of cigarettes generates about $10 in health
care costs
Tobacco use itself remains a very expensive problem for North Dakota with an estimated $247
million spent annually on the treatment of tobacco related diseases Cutting down youth
smoking as well as smoking in other groups as noted has the potential to reduce these costs in
the future
Thank you for your time today and I would be happy to answer any other questions regarding
this or other tobacco related diseases or prevention My contact information can be provided
upon request References are provided as well
httpwwwtobaccofreekidsorgresearchfactsheetspdf0097pdf
httpwww n d health gov tobaccoFacts htm
httpwwwtobaccofreekidsorgresearchfactsheetspdf0146pdf
httpwwwcdcgovhealthyyouthyrbspdftobaccond tobacco combopdf
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use
(J amp bull Centers for Disease Control and Prevention ImiddotJj lldraquoA COC 247 Soving Lives Protecting Peopler-
Tobacco Control State Highlights 2012
Abstract
bull Highlights 2012 Abstract bull Highlights 2012 Cby section)
(tobaccodata statisticsstate datastate highlights2012sectionsindexhtm)
bull Highlights 2012 Buttons (tobaccobuttonsstate highlightsindexhtm)
bull Highlights 2012 Download
Page 1 of3 (
(tobaccodata statisticsstate datastate highlights2012zip fileshighlightszip) (Zip-163 MB)
bull Highlights 2012 Factsheet (tobaccodata statisticsstate datastate highlights2012pdfsfactsheetpdf) (PDF-so KB)
bull STATE System Interactive Maps (tobaccodata statisticsstate datastate highlights2012statesystemindexhtm)
Tobacco Control State Highlights 2012
Tobacco use is the single most preventable cause of death in the United States Each year in
the United States cigarette smoking and exposure to secondhand smoke causes 443000-or 1
in 5 deaths Economic losses are also staggering Smoking-caused diseases result in $96 billion
in health care costs annually
httnmiddotumm lrll anvtnhccnrlata statisticsstate datastate highlights2012indexhtm 1282013
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use Page 2 of3 V-
Some states have significantly improved the health of their citizens by reducing smoking rates
thereby decreasing smoking-related diseases deaths and health care costs Even in
economically challenging times states can make a significant difference in public health by
employing high-impact cost-effective tobacco control and prevention strategies as laid out in
the World Health Organizations MPOWER strategic package of interventions proven to
reduce tobacco use prevalence including
bull Monitor tobacco use and prevention policies bull Protect people from tobacco smoke bull Offer help to quit tobacco use bull Warn people about the dangers of tobacco bull Enforce bans on tobacco advertising promotion and sponsorship bull Raise state cigarette taxes on tobacco
Tobacco Control State Highlights 2012 guides states in developing and implementing highshy
impact strategies and assessing their performance This report also provides state-specific data
intended to-
1 Highlight how some states are making great strides in reducing smoking rates using evidence-based strategies while also showing that more work needs to be done in other states
2 Enable readers to see how their own states perform 3 Help policymakers with decision making
Post and share 2012 Tobacco Control State Highlights Buttons (tobaccobuttonsstate highlightsjindexhtm)
Interested in posting this syndicated content on your Web site
See the 1ist of Smoking and Tobacco Use syndicated pages Chttptoolscdcgovsyndicationpagesaspx
mediaCo11ectionld=s) find the page and select the Add to List link next to it
Related Archived Link I
bull Tobacco Control State Highlights 2010 (tobaccodata statisticsstate datastate highlights2010indexhtm) - --
htt I lnrnrm rJ anvtnhJrroclata statisticsstate datastate highlights20 12indexhtm 1282013
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use Page3 of3
Persons with disabilities who experience problems accessing the 2012 Tobacco Control
State Highlights should contact tobaccoinfocdcgov (mailtotobaccoinfocdcgov) or call1
-Soo-CDC-INFO (1-800-232-4636)
Page last reviewed January 24 2013 Page last updated January 24 2013 Content source Office on Smoking and Health National Center for Chronic Disease Prevention and Health Promotion
Centers for Disease Control and Prevention 1600 Clifton Rd Atlanta GA 30333 USA 8oo-CDC-INFO (800-232-4636) TTY (888) 232-6348- Contact CDC-INFO
11ttnwwwcdc 1mvtobaccodata statisticsstate datastate_ highlights2012indexhtm 12820 13
NORTH DAKOTA
Monitor
Adult Current CigaretteSmokeless Tobacco Use
In North Dakota the percentage of adults (ages 18+)
who currently smoke cigarettes was 219 in 2011
Across all states and DC the prevalence of cigarette smoking among adults ranged from 118 to 290
North Dakota ranked 30 among the states
The percentage of adults who currently use smoke-less tobacco was 76 in 2011 Across all states and DC the prevalence ranged from 14 to 98 North Dakota ranked 49 among the states
Current Cigarette and Smokeless Tobacco Use among Adults by Demographic Characteristics
National (median)
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
Less than high school degree
High school degree
More than high school degree
18-24 years old
25-44 years old
45-64 years old
65+ years old
bull Cigarettes
0 10 20
bullbullbull Sample size lt50
ml Smokeless Tobacco
30 40 Percent
50 60 70 80
Source Behavioral Risk Factor Surveillance System 2011
300
NORTH DAKOTA Youth Current CigaretteSmokeless TobaccoCigar Use
In North Dakota the percentage of youth in grades 9-12
who currently smoke cigarettes was 194 in 20 11 The range across 44 states was 59 to 241 North Dakota ranked 34h among 44 states
The percentage of youth who currently use smokeless tobacco was 136 in 2011 The range across 40 states was 35 to 169 North Dakota ranked 36h among 40 states
The percentage of youth who currently smoke cigars was 135 in 201 1 The range across 37 states was 50 to 183 North Dakota ranked 17h among 37 states
The percentage of youth who currently use tobacco (ie cigarettes smokeless tobacco andor cigars) was 283 in 2011 The range across 36 states was 78 to 319 North Dakota ranked 30h among 36 states
Tobacco Use among High School Students by Demographic Characteristics
bull Cigarettes
National
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
9th grade
1Oth grade
11th grade
12th grade
IE Smokeless Tobacco bull Cigars
0 10 20 30 Percent
Cigarettes smokeless tobacco andor cigars Sample size lt100
301
liil Tobacco
40 50 60 70
Source Youth Risk Behavior Survey 2011
NORTH DAKOTA Past-Year Cigarette Initiation
In 2008-2009 of all North Dakota youth ages 12-17
who had never smoked 66 smoked a cigarette for the first time in the past year This ranked 37 in the nation with a range of 33-92 among the states
Of all young adults ages 18-25 who had never smoked 147 smoked a cigarette for the first time in 2008-
2009 This ranked 51 in the nation with a range of 42-147 among the states
Past-Year Cigarette Initiates among Persons Aged 12-25 by Age of First Use 2002-2009
ltfJ c Ql v Ql c
25
20
15
10
5
0
__ Total Initiates -11- Initiates aged 12-17 --+-- Initiates aged 1 8-25
2002-2003 2004-2005 2006-2007 2008-2009
Year Source National Survey on Drug Use and Health 2002-2009
302
NORTH DAKOTA
Protect
Adult Exposure to Secondhand Smoke
Among all adults the percentage who reported being exposed to secondhand smoke within the past 7 days was lower in North Dakota than
Exposure to Secondhand Smoke
in the nation overall In 2009-2010 overall exposure to secondhand smoke in North Dakota was 450 ranking 1 8 among the states
I I I I Overall Workplaces i Homes 1 Vehicles Public Places I I
450
Adults were exposed to secondhand smoke in various locations The table shows the percentage of North Dakota adults who reported any exposure as well as exposure in their home in a vehicle or in indoor or outdoor areas at work or public places in the past 7 days
c Ql
100
Secondhand Smoke Exposure and Opinions about Smoking
in the Workplace bull National bull North Dakota
80
60 Ql a
Adults Reporting Being
Exposed to Secondhand
Smoke (overall)
Adults Who Think
Smoking Should Never be
Allowed in the Workplace
Source National Adult Tobacco Survey 2009-2010
Opinions about Smoking in the Workplace
In 2009-2010 778 of adults in North Dakota thought that smoking should never be allowed in indoor workplaces ranking 30 among the states
303
180 81 150 324 Source National Adult Tobacco Survey 2009-201 0
Smoke-Free Home Rules
In 2009-2010 836 of adults in North Dakota reported that their homes had smoke-free home rules ranking 18 among the states The percentage of homes without smoke-free home rules with children living in them was 284 ranking 11 among the states
Smoke-Free Home Rules and Homes without Rules that have Children
c Ql v Ql a
100
bull National
SmokemiddotFree Home
Rules
bull North Dakota
Homes without Rules
that have Children
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA State Smoke-Free Policy
As ofJune 30 2012 North Dakota had a smokeshyfree law that prohibits smoking in indoor areas of workplaces but not restaurants or bars The state allowed communities to enact local smoke-free laws
Note See Appendix B for updated legislation rhar rakes effect afrer June 30 2012
Offer
Adults Who Made a Quit Attempt in the Last Year
During 2009-2010 552 of North Dakota adult smokers made a quit attempt in the past year ranking 22d among the states
National
Percentage of Smokers Attempting to Quit
WORSE
In North Dakota
552 of adults made a quit attempt
ranking 22d
Source National Adult Tobacco Survey 2009-2010
Quitline Utilization
In 2010 the North Dakota quidine received 7478
calls and 1 342 tobacco users (an estimated 12 of all tobacco users in the state) received telephone counseling cessation medications or both from the state qui dine
Smoke-Free Legislation
I I Local Laws Workplaces Restaurants l Bars Permitted
Yes
I I
No No Yes Designated Smoking Areas t Ventilated Smoking Areas
bull Allowed for nonshyhospitality workplaces
1 Prohibited ror nonshyhospitJiity workplaces
t No Restrictions Allowed smoking in venues that prohibit minors
Note Not all footnotes may be used Source STATE System June 2012
304
Medicaid Coverage for Counseling and Medications
In 2010 North Dakotas Medicaid program provided incomplete coverage through Medicaid for tobaccoshydependence treatment North Dakota provided full coverage for some nicotine replacement therapies full coverage for varenicline full coverage for bupropion and no coverage for counseling (individual or group)
Medicaid Coverage for Counseling and Medications
Comprehensive Coverage
No
I Counseling NRT
Ms (On
1e or 1 Varenicline Jl Bupropion (Individual
ore andor Group)
Yes Yes Yes No
Pregnant women only t Fee-for-service only
Available only via the quitline
Note Not all footnotes may be used Source Halpinet a 2011
NORTH DAKOTA
Warn
Tobacco Counter-Marketing Media Intensity
CDC Best Practices recommendations translate into an average quarterly exposure of 1200 general audience gross raring points (GRPs) and 800 youth target raring points (TRPs) in effective anti-tobacco media campaigns North Dakota had an average of 10356 general audience GRPs and 1436 youth TRPs per quarter in television advertising supporting tobacco control messages in 2010
Anti-Tobacco Media Campaign Intensity G RPs Per Quarter
National
Median
2427 GRPs
General Audience
WORSE
North Dakota
Average 10356
GRPs (101h)
Source CDCOSH
Anti-Tobacco Media Campaign Intensity T RPs Per Quarter
National
Median
3 97TRPs
Youth (12-17Years)
WORSE
North
Dakota Average 1436 TRPs (13h)
Source CDCOSH
305
Knowledge of the Dangers of Tobacco
In North Dakota 657 of adults thought that breathing smoke from other peoples cigarettes or other tobacco products is very harmful to ones health in 2009-2010 Additionally 832 thought that cigarette smoking is very addictive
Secondhand Smoke
National
Average
656
WORSE
In North Dakota 657 of adults thought
__ secondhand smoke is very harmful The range
across all states was 721 to 559 North
Dakota ranked 17h
among the states
Source National Adult Tobacco Survey 2009-2010
Addictiveness of Smoking
National
Average
854
WORSE
In North Dakota 832 of adults thought that
smoking is very addictive The range across all states was
905 to 806 North __ Dakota ranked 45h among the states
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA
Enforce
State Allows Local Advertising and Promotion Laws State Allows Local Laws
As ofJune 30 2012 North Dakota allowed local regulation of tobacco industry promotions tobacco product sampling and display of tobacco products in commercial establishments
Promotion t Sampling I Display
Yes Yes Yes Source STATE System June 2012
Over-the-Counter Retail Licensure
As of June 30 2012 North Dakota required all establishments selling cigarettes and smokeless tobacco products over-the-counter to be licensed Nationally 37
states required over-the-counter licensure for cigarettes 29 of which also have a requirement for smokeless tobacco with various renewal frequencies fees and penalties for violations
Over-the-Counter Licensure and Penalties
Over-the- Minimum I Renewal I Penalty to Licensure Counter License License Fee Required I Business Includes _ Rqired _ _ (amp Frequelcy) _ Sruo_kes Toacc
$1500
Yes Yes
bull Annually Note Not all footnotes may be used bull Class A Misdemeanor Fine or Imprisonment or both Source STATE System June 2012
306
NORTH DAKOTA
Raise
Amount of Tobacco Product Excise Tax
As of June 302012 the excise tax on cigarettes in North Dakora was $044 per pack ranking 46h among the states The tax on cigars was 28 of the wholesale purchase price per cigar and for little cigars the tax was 28 of the wholesale purchase price per pack of 20 The tax on chewing tobacco was $0 I 6 per ounce with snuff taxed at $060 per ounce
Amount of Cigarette Excise Tax
National
Median
$1339
WORSE
As of June 30 2012
North Dakota had a
$044 cigarette excise tax-ranking 461h
among the states The range across states was
$435 to $017 per pack
Source STATE System June 2012
307
Price Paid for Last Cigarettes Purchased
In North Dakota 656 of adult smokers bought their last cigarettes by the pack and 344 bought them by the carton in 2009-2010 The average price that North Dakota smokers reported paying for their last pack of cigarettes was $433 in 2009-201 0 the range among states was $798 to $404 The average price that North Dakota smokers reponed paying for their last carton of cigarettes was $3561 in 2009-2010 the range among 45
states with valid data was $6445 to $3046
CAMPAIGN ov ToBACco-fREE
Kirk-middot
bull
ancer Action jii
N EW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVI NGS FROM A $100 CIGARETTE TAX I N C REASE I N NORTH DAKOTA
Cu rrent state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $1 048 per pack
Annual health care expenditu res in North Dakota directly caused by tobacco use $247 m illion S mokin g-caused state Med icaid program spending each year $47 mi l l ion
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $325 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase Percent decrease in youth smoking 154
-- -- -------------------------------------
Kids in North Dakota kept from becoming addicted adult smokers 6300 ------------------ --------------------------------------------------------------------------------
Current adult smokers in the state who would quit 5200 -----------------------------------------------------------------
Smoking-affected births avoided over next five years 900 -- -- --------
North Dakota residents saved from premature smoking-caused death 3400 ----middot-------------------- ------------------------------------------- middot --
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000 ------------ -----------------------------------
5- Year health care cost savings from fewer smoking-affected pregnancies amp births $213 mil l ion f-------------------------------------------------------------------------------------------------------------------------5- Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 mil l ion r------------------------------------------------------------------------------------------------------5- Year Medicaid program savings for the state $240000 ------------------------------------------------------------------------------------------------------- -----------
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 mil l ion 122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly diminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new reven ues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider all aspects of state tax pol icy related to OTPs (incl uding the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category linked to the state cigarette tax rate on a per-package or pe r-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoliciesltaxlus state local and httpwwwacscanorqltobaccopolicv
For more on sources and calculations see httpllwwwtobaccofreekidsorgresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Explanations amp Notes
Health care costs l isted at the top of the page are from the US Centers for Disease Control and Prevention
Projections a re based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the higher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggling and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion httptobaccofreekidsorgresearchfactsh eetspdf0274pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate i ncrease All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are limited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also limited because small tax i ncreases are unl ikely to produce significant public health benefits
Ongoing reductions in state smoking rates wil l over time gradually erode state cigarette tax revenues (in the absence of any new rate increases) But those declines are more predictable and less volatile than many other state revenue sources such as state income tax or corporate tax revenues (which can drop sharply during recessions) In addition the smoking declines that reduce tobacco tax revenues will simultaneously produce much larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdf0357pdf
For more on sources and calculations see httplwww tobaccofreekidsorqresearchlfactsheetslpdf028 1pdf
Needed State Efforts to P rotect State Tobacco Tax Revenues
Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qual ifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on all tobacco products to block tax evasion and promote tax equity No
High-tech tax stamps to stop counterfeiting and other smuggling and tax evasion No
Retailers lose license if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
North Dakota Tobacco Prevention and Control Executive Comm ittee
Center for Tobacco Prevention and Control Policy 4023 State Street Suite 65 bull Bismarck N D 58503-0638
Phone 70 1 328 5 1 30 middot Fax 701 328 5 1 35 middot Tol l Free 1 877277 5090
Testimony House Bil l 1 387
1 0 00 am Jan uary 29 20 1 3 House F inance and Taxation Comm ittee
Good morning Chairman Belter and members of the House Finance and Tax Committee I am Jeanne Prom executive director of the N D Center for Tobacco Prevention and Control Policy
I ncreasing the tobacco tax sig nificantly wil l lead to a decrease in tobacco use in our state Tobacco use is the leading cause of preventable disease and death and the tol l of tobacco u se in North Dakota is hig h
bull An n ual health care costs in North Dakota directly caused by smoking $247 mil l ion bull Portion paid by the state Medicaid prog ram annually $47 mil l ion bull N u mber of North Dakota adu lts who will die from smoking this year 800 bull High school students who smoke 7 400 (1 94) bull Male hig h school students who use smokeless or spit tobacco 22 2 bull Kids u nder 1 8 who become new daily smokers each year 600
The North Dakota Tobacco Prevention and Control Advisory Committee in its plan Saving Lives - Saving Money North Dakota s Comprehensive State Plan to Prevent and Control Tobacco Use cal ls for a sig nificant increase in al l tobacco taxes - to $2pack - to keep kids from starting and prompt users to quit As you can see on the attachments North Dakotas tobacco tax is one of the lowest in the country at 44 centspack This tax hasnt been increased since 1 993 The low tax resu lts in inexpensive tobacco that is affordable to youth and populations with l imited incomes and high smoking rates High tobacco taxes work most effectively to cut use among lower-income smokers and young male smokeless tobacco users - two g roups that suffer disproportionately from the harms of tobacco use
Tobacco use and its health hazards are completely preventable Raising the tobacco tax to $2pack with a comparable tax amou nt on other tobacco products can be expected to
bull Decrease youth smoking by 24 bull Reduce the number of kids from becoming addicted adult smokers by 9 900 bull Reduce the n umber of adults in the state who smoke by 8 200 bull Save the state mil l ions of dol lars in smoking-related health care costs over j ust 5 years
Please consider H B 1 387 with amendments to i ncrease the tobacco tax to $2pack with a comparable tax increase on al l other tobacco products
Thank you for your time and consideration I am happy to respond to any questions
The To bacco i n N o rth Da kota Updated Dec 5 2012
The Tol l of Tobacco in North Dakota
High school students who 1 94 (7400)
smoke middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot
Male high school stuents who 222
S SrlkS r Pt
t
Kids (under 1 8) who become 600
-middot- -IY S- X
Kids exposed to secondhand 42000
smoke at home Packs of cigarettes bought or
1 9 m il l ion lt9 Y i
------ Xr
Adu lts in North Dakota who smoke
21 9 ( 1 1 6 600)
Due to changes in CDCs methodology the 20 1 1 adult smoking rate cannot be
compared to adult smoking data from previous years
US National Data (201 1 )
i- -ltl flin
rt
Male h igh school students who 1 28
use smokeless tobacco
- n9 1 g(
Deaths i n North Da kota from Sm oking
Adults who die each year from th
k 800
e1r own smo mg
Kids now under 1 8 and alive in North Dakota who will ultimately 1 1 000 die prematurely from smoking
Smoking kil ls more people than alcohol AIDS car crashes i l legal drugs murders and suiCides combined - and thousands more die from other tobacco-related
causes - such as fires caused by smoking (more than 1 000 deathsyear nationwidr d smokeless tobacco use
Sm oking-Caused Monetary Costs in North Dakota
Annual health care costs in North Dakota directly caused by$247 m i ll ion
ltn
Portion covered by the state $47 m il l ion
-ii P9--
Residents state amp federal tax burden from srnoking-caused $574 per house hold
V-nt Pn i_
t
r
Smoking-caused productivity $ 1 92 m i l l ion
losses in North Dakota
Amounts do not include health costs caused by exposure to secondhand smoke smoking-caused fires smokeless tobacco use or cigar and pipe smoking Tobacco vse also imposes additional costs such as workplace productivity losses and damage to property
Tobacco Industry I nflue nce in North Dakota
Annual tobacco industry marketing expenditures nationwide
$85 bil l ion
Estimated portion spent for North Dakota marketing each $257 m il l ion
year
Published research studies have found that kids are twice as sensitive to tobacco advertising than adults and are more l ikely to be influenced to smoke by cigarette marketing than by peer pressure One-third of underage experimentation with smoking is attributable to tobacco company advertising
View sources of information
More detailed fact sheets on tobaccos toll in each state are avai lable by emailing factsheetstobaccofreekids org
CAMPAIGN middot ov
ToBA((o-fRpoundpound K ick
Guam $300 No Marianas Islands $1 75
MAP OF STATE CIGARETTE TAX RATES
Average State Cigarette Tax $1 48 per Pack
Average Cigarette Tax in M ajor Tobacco States 485 cents per Pack
Average Cigarette Tax in N on-Tobacco States $1 61 per Pack
TX $1 41
gt
$320 Puerto Rico $223
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate since 1 999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $ 1 00 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or h igher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages l i sted above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The major tobacco states with extensive tobacco farming and often cigarette manufacturin g are NC KY VA SC TN amp GA Federal cigarette tax is $1 01 per pack Not shown are the special taxes or fee s some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local g overnments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) N ew York City ($1 50) and Anchorage AK ($2206) The U S Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $ 1 047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn
For m o re information on state cigarette taxes and the benefits from increasing them see httpwwwtobaccofreekidsorgfacts issuesfact s h eetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1 400 I Street NW middot Suite 1 200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekid sorg
State Tax
Alabama $0425 Alaska $200 Arizona $200 Arkansas $1 1 5 California $087 Colorado $084 Connecticut $340 Delaware $1 60 DC $250 Florida $1 339 Georgia $037 Hawai i $320 Idaho $057 I l l inois $1 98
Indiana $0995 Iowa $ 1 36 Kansas $079 Kentucky $060
STATE CIGARETTE EXCISE TAX RATES amp RANKINGS
Overal l All States Average $1 48 per pack
Major Tobacco States Average 485 cents per pack Other States Average $1 61 per pack
Rank State Tax Rank State
47th Louisiana $036 49th Oklahoma 1 1 th Maine $200 1 1 th Oregon 1 1 th Maryland $200 1 1 th Pennsylvania 30th Massachusetts $251 9th Rhode Island 33rd Michigan $200 1 1 th South Carolina 34th Minnesota $1 23 28th South Dakota 3rd Mississippi $068 37th Tennessee
2 1 st Missouri $0 1 7 5 1 st Texas 1 0th Montana $1 70 1 7th Utah 26th Nebraska $064 38th Vermont 48th Nevada $080 35th Virginia 4th New Hampshire $ 1 68 1 9th Washington
42nd New Jersey $270 6th West Virgin ia 1 6th New Mexico $1 66 20th Wisconsin
32nd New York $435 1 st Wyoming 25th North Carolina $045 45th Puerto Rico 36th North Dakota $044 46th G uam 40th Ohio $ 1 25 27th Northern Marianas
Tax stamp Includes 75cent health 1mpact fee
Tax Rank
$1 03 3 1 st $1 1 8 29th $1 60 2 1 st $350 2nd $057 42nd $ 1 53 23rd $062 39th $1 41 24th $1 70 1 7th $262 7th $0 30 50th
$3025 5th $055 44th $2 52 8th $060 40th $223 NA $300 NA $1 75 NA
Table shows al l cigarette tax rates in effect now Since 2002 47 states DC and several US territories have increased their cigarette tax rates more than 1 05 times The three states in bold type have not increased their cigarette tax since 1 999 or earlier Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $1 00 per pack or higher 14 states DC and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $4 00 per pack Tobacco states are KY VA NC SC GA and TN States average includes DC but not Puerto Rico other U S territories or local cigarette taxes The median tax rate is $1 34 per pack AK M l MN MS UT also have special taxes or fees on brands of manufacturers not participating in the state tobacco lawsuit settlements (NPMs)
The highest combined state-local tax rate is $585 in New York City with Chicago IL second at $566 per pack Other high state-local rates include Evanston IL at $548 and Anchorage AK at $4206 per pack For more on local cigarette taxes see httptobaccofreekids orgresearchfactsheetspdf0267 pdf
Federal cigarette tax is $1 01 per pack From the beginning of 1 998 through 2002 the m ajor cigarette companies increased the prices they charge by more than $1 25 per pack (but also instituted aggressive retail-level discounting for competitive pu rposes and to reduce related consumption declines) In January 2003 Philip Morris instituted a 65-cent per pack price cut for four of its major brands to replace its retail-level discounting and fight sales losses to discount brands and R J Reynolds followed suit In the last several years the major cigarette companies have increased their product prices by almost $ 1 00 per pack The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs total $1047 per pack sold and consumed in the US The average price for a pack of cigarettes nationwide is roughly $600 (including statewide sales taxes but not local cigarette or sales taxes other than NYCs $1 50 per pack cigarette tax) with considerable state-to-state differences because of d ifferent state tax rates and different manufacturer wholesaler and retailer pricing and discounting practices AK DE MT NH amp OR have no state retai l sales tax at al l OK has a state sales tax but does not apply it to cigarettes MN amp DC apply a per-pack sales tax at the wholesale level and AL GA amp MO (unl ike the rest of the states) do not apply their state sales tax to that portion of retai l cigarette prices that represents the states cigarette excise tax
Campaign for Tobacco-Free Kids December 13 2012 I Ann Boonn
For additional i nformation see the Cam paigns website at httplwwwtobaccofreekidsorgwhat we dostate localtaxes
Sources Orzechowski amp Walker Tax Burden on Tobacco 201 1 media reports state revenue department websites
middot Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change ih the actual excise tax rates just the way that the rates are listed
1 400 I Street NW - Suite 1 200 - Washington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
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NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $156 CIGARETTE TAX INCREASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $ 1 048 per pack
Annual health care expend itures in North Dakota directly caused by tobacco use $247 m ill ion Smoking-caused state Med icaid program spending each year $47 m il lion
New Annual Revenue from Increasing the Cigarette Tax Rate by $156 Per Pack $4109 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate I nc rease
Percent decrease in youth smoking 240 Kids in North Dakota kept from becoming addicted adult smokers 9900 Current adult smokers in the state who would quit 800 Smoking-affected births avoided over next five years 1 500 North Dakota residents saved from premature smoking-caused death 5400 5-Year health care cost savings from fewer smoking-caused lung cancer cases $1 26 million
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $333 mill ion
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $233 mill ion
5-Year Medicaid program savings for the state $380000 Long-term health care cost savings in the state from adult amp youth smoking declines $35066 mil l ion
122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years wi l l similarly diminish or el iminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider al l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $2 00 per pack cigarette tax the states new OTP tax rate should be at least 60 of the wholesale price with m inimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoiciesltaxlus state local and httpllwwwacscanorqltobaccopoicy
For m ore on sources and calculations see httpllwwwtobaccofreekidsorglresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer A ction Network Melissa Maitin-Shepard
Explanations amp Notes Health care costs l isted at the top of the page are from the US Centers for Disease Control and P revention
Projections are based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the h igher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggl ing and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion http 1tobaccofreekids orgresearchfactsheetspdf027 4 pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate increase All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are l imited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also l imited because small tax increases are unl ikely to produce significant public health benefits
Ongoing red uctions in state smoking rates will over time gradually erode state cigarette tax revenues (in the absence of any new rate i ncreases) But those declines are more predictable and less volatile than many other state revenue sources such as state i ncome tax or corporate tax revenues (which can drop sharply during recessions) I n addition the smoking declines that reduce tobacco tax revenues will sim ultaneously produce m uch larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdfl0357 pdf
For more on sources and calculations see httpllwww tobaccofreekidsorqlresearchlfactsheetspdf0281 pdf
Needed State Efforts to Protect State Tobacco Tax Revenues Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qualifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on al l tobacco products to block tax evasion and promote tax equity No
H ig h-tech tax stamps to stop counterfeiting and other smuggl ing and tax evasion No
Retailers lose l icense if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
Testimony of Bill Shalhoob
Greater North Dakota Chamber of Commerce HB 1 3 87
January 29 20 1 3
Greater North Dakota Chamber
Mr Chairman and members of the committee My name is Bill Shalhoob and I am here today representing the Greater North Dakota Chamber of Commerce the champions for business in North Dakota GNDC is working to build the strongest business environment possible through its more than 1 1 00 business members as well as partnerships and coalitions with local chambers of commerce from across the state GNDC also represents the National Association of
Manufacturers and works closely with the US Chamber of Commerce As a group we stand in opposition to HB 1d urge a do not pass from your committee on the bill
nn GNDC has a long history of opposing excise taxes which we believe are onerous and unfair
We have a difficult time understanding this bill and the tax increase from 1 7 mills to 45 mills a
1 65 raise according to our math proposed in it North Dakota certainly does not need the
additional revenue that might come from this tax increase Our focus in this session is on tax decreases not increases If we are trying to do social engineering that is to discourage the practice the tax code is a poor place to do it If the goal is to eliminate smoking introduce a bil l prohibiting the sale or use of tobacco products in the state As witnessed by our experience with Minnesota increasing their cigarette tax with a health fee all we do is drive sales to a lower priced location by passing this bil l We see no acceptable reason to enact this tax
Thank you for the opportunity to appear before you today in opposition to HB 1 3 87 I would be happy to answer any questions
Champions Business
PO Box 2639 P 701middot222-0929 Bismarck NO 58502 F 701-222-1611
wwwndcharnbercorn
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North Dakota Retai l Association NO Petroleum Marketers Association
North Dakota Propane Gas Association
---- LEG S LAT VE BU LLET N Testimony- HB 1387
January 29 2013- House Finance and Tax Committee
Chairman Belter and Members of the House Finance and Tax Committee
We know any type of tax tends to put the squeeze on consumer spending potentially strain
household budgets and curb retail sales Which is exactly why the North Dakota Petroleum
Marketers Association and its 400 members from across the state are asking you to vote
NO on HB 1387
Passage of HB 1387 will burden North Dakotas lower Income Earners Cigarette
excise taxes are regressive in nature B ased on data from the Center for
Disease Control roughly 30 of adults in North Dakota who earn less than
$ 15000 are smokers whereas only 160 of adults who earn $50000 or
more are smokers Raising taxes will further unfairly burden low-income
earners
Passage of HB 1387 will harm the retail sector as well
Increasing the excise tax could hurt legitimate retailers when
adult smokers shift purchases to other outlets such as the internet This
would negatively affect North Dakota s 1 300 retailers
Even more pressing is the fear Passage of HB 1387 could increase illegal cigarette trafficking
An excise tax increase could provide incentives for smuggling and other
contraband activities resulting in lost revenues According to the Bureau of
1 02 5 North 3rd Street bull PO Box 1 9 5 6 bull Bismarck NO 58502 bull 701 -223-3370 bull Fax 7 0 1 -223-5004 Web Address ndretailorg bull ndpetroleumorg bull ndpropaneorg
Alcohol Tobacco Firearms and Explosives cigarette smuggling has
turned into a lucrative business for criminals who trade cigarettes and other
tobacco products on the black market Nationally its estimated $5 billion in
tax revenue annually is lost on the black market
For all of these reasons NDPMA is asking for a NO vote on HB 1387
Thank you for your time and consideration
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote
Date I - 3 0 - I 3 Roll Call Vote ---- __ _
2013 HOUSE STAN DING COMMITTEE ROLL CALL VOTES
BILLRESOLUTION NO I 3 ] House Finance and Taxation
0 Check here for Conference Committee
Legislative Council Amendment Number
Committee
Action Taken 0 Do Pass Do Not Pass 0 Amended 0 Adopt Amendment
0 Rerefer to Appropriations 0 Reconsider
Motion Made By Seconded By
Representatives Ye No Representatives Chairman Wesley Belter _v Rep Scot Kelsh Vice Chairman Craig Headland z Rep Steve Zaiser Rep Matthew Klein v Rep Jessica Haak Rep David Drovdal v Rep Marie Strinden Rep Glen Froseth v Rep Mark Owens v Rep Patrick Hatlestad V Rep Wayne Trottier Rep Jason Dockter I Rep Jim Schmidt j
Yes Nv
- v v
Total (Yes) I d No _ ___ ________ _
Absent I Floor Assignment
If the vote is on an amendment briefly indicate intent
Com Standing Committee Report January 30 2013 456pm
Module ID h_stcomrep_17 _023 Carrier Froseth
REPORT OF STANDING COMMITTEE HB 1387 Finance and Taxation Committee (Rep Belter Chairman) recommends DO
NOT PASS (12 YEAS 1 NAYS 1 ABSENT AND NOT VOTING) HB 1387 was placed on the Eleventh order on the calendar
(1) DESK (3) COMMITIEE Page 1 h_stcomrep_1 7 _023
2013 TESTIMONY
HB 1387
Just to set the stage let me pass on what King James I said when he was first presented with tobacco in 1604 After smoking it he became sick and later wrote that tobacco was loathsome to the eye hateful to the nose harmful to the brain and dangerous to the lungs
The purpose of this bill is not to raise money It is to give an extra incentive to help
people quit smoking If enacted HB 1387would raise North Dakotas cigarette tax
by 56 cents from 44 cents a pack to $100 a pack That would increase the cost of
a pack by between 10 and 15 percent depending on the cost of the brand today
Nmih Dakota is one of three states which have not raised their tobacco tax since 1999 The average for all states is $148 a pack The average for all non-tobaccoshyproducing states is $161 a pack 45 states have cigarette taxes higher than Nmih Dakotas North Dakota lags well behind its bordering states South Dakota hardly a high tax state levies $153 per pack Minnesota $156 and Montana $170
Now how effective will increasing the cigarette tax be in reaching its goal to decrease smoking rates in North Dakota
A Dece1nber 1998 study of cigarette price elasticity by Credit Suisse First Boston Corporation concluded that conservatively cigarette consumption would decline by four percent for every 10 increase in price
A more recent study finds that each 10 price increase reduces youth smoking by 65 adult smoking by 2and total consumption by about 4oo
And reports from other states of actual declines in smoking following tax increases confirms that sturdy tax increases are effective in reducing smoking rates In 2009 Arkansas raised its tax by 56 cents to $115 within the first year after the tax increase sales of cigarettes declined by 27 In 2007 South Dakota raised its tax by $100 to $153 and experienced a 26 decline in sales In the same year Texas raised its tax a dollar to $141 and cut sales of cigarettes by 21 oo
I have three reasons for wanting to help people quit smoking one is personal one is humanitarian and the third is economic First the personal I tried to quit three times but lapsed each time Ill never forget how angry I was at myself for being controlled by a powerful force It was only when I calculated how much I was spending a year on cigarettes and what I couldnt buy because of smoking that I was able to quit
Secondly I hate to see people many of whom are addicted suffer needlessly have years cut off their lives their family broken by emphysema heart disease cancer and early death And finally to my economic concern The 186 of North Dakotans who smoke are responsible for $24 7 million a year in health care expenditures That cost is passed on to the rest of us in the form of higher insurance premiums higher Medicaid costs and higher hospital uncollectables Reduction in the number of smokers means a reduction in health care premiums for the rest of us
A December 30 2010 Fargo Forum editorial summed up the case for raising taxes on cigarettes In concert with public smoking bans cessation programs and antishysmoking campaigns higher tobacco taxes are an important tool to persuade smokers to snuff out the habit--or better yet convince teens never to start
Research shows higher taxes pay public dividends A 10 increase in the real price of cigarettes will reduce adult smoking by 2 and cut teen smoking by
roughly 7 That would make a difference in North Dakota where tobacco use rates are high 22 of students in grade nine smoke Thats alarmingly high and greater than the percentage of adults which is 18
Make no mistake taxpayers pay for smokers Medicaid costs for smoking- related illnesses are estimated at $47 million a year Factor in lost productivity--$192 million a year--and all direct medical expenditures--$250 million a year-- and the cost of cigarettes adds up to roughly $700 a year per person
I said at the beginning that the purpose of this increase in cigarette taxes was not to raise revenues But it will bring in somewhere around $32 million next biennium As the bill stands now that money would simply go into the General Fund But I could see the money being targeted for instance it could help pay for Medicaid costs related to smoking or it could provide $4000 college scholarships to 4000 needy students or to high achieving students in STEM fields Or it could be split among North Dakota hospitals to help pay for uncompensated care losses especially in the west Should the committee have any interest in the bill I would cetiainly be open to an amendment targeting the increased funds to any purpose committee members thought appropriate
I hope the committee will add one more tool to help addicted people kick this habit and compensate the state for the large medical costs created by smoking
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NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $100 C IGARETTE TAX INC REASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $10 48 per pack
Annual health care expenditures in North Dakota directly caused by tobacco use $247 million Smoking-caused state Medicaid program spending each year $47 million
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $3235 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase
Percent decrease in youth smoking 154
Kids in North Dakota kept from becoming addicted adult smokers 6300
Current adult smokers in the state who would quit 5200
Smoking-affected births avoided over next five years 900
North Dakota residents saved from premature smoking-caused death 3400
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $213 million
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 million
5-Year Medicaid program savings for the state $240000
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 million
122112 TFKI January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly d iminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products I t is important to consider a l l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $ 1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorglfacts issuesfact sheetslpoliciesltaxlus state local and httpllwwwacscanorgltobaccopolicv
For more on sources and calculations see httpwwwtobaccofreekidsorqresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Guam $300 No Marianas Islands $175
MAP O F STATE C IGARETTE TAX RATES
Average State Cigarette Tax $148 per Pack Average Cigarette Tax in Major Tobacco States 485 cents per Pack
Average Cigarette Tax in Non-Tobacco States $161 per Pack
0 HI $320 Puerto Rico $223 I
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate
since 1999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam
have cigarette tax rates of $100 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages listed above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The
major tobacco states with extensive tobacco farming and often cigarette manufacturing are NC KY VA SC TN amp GA Federal cigarette tax is $101 per pack Not shown are the special taxes or fees some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local governments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) New York City ($150) and Anchorage AK ($2206) The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $1047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn For more information on state cigarette taxes and the benefits from increasing them see
httpwwwtobaccofreekidsorgfacts issuesfact sheetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1400 I Street NW middot Suite 1200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
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From Dr Eric L Johnson MD Grand Forks ND
President
Tobacco Free North Dakota
Associate Professor
Department of Family and Community Medicine
UNDSMHS
Director lnterprofessional Education
UNDSMHS
Medical Director
Physician Assistant Program
UNDSMHS
Assistant Medical Director
Altru Diabetes Center
FMC-Aitru Health System
Assistant Medical Director
Valley Memorial Homes
Although Im unable to appear in person Id like to offer information regarding tobacco
specifically cigarette taxation and its specific relationship to reducing youth smoking I have
actively been involved in tobacco related issues since beginning my association with NDQuits
formerly known as the North Dakota Tobacco Quitline
We are fortunate to have up to date quality information to support this effort in reducing
smoking among youth in North Dakota Here is the current state of tobacco use among youth
in our state
Cigarette Use
bull 44 ever tried cigarette smoking (1)
bull 19 smoked cigarettes on at least 1 day during the 30 days before the survey
bull 8 smoked cigarettes on 20 or more days during the 30 days before the survey
bull 47 did not try to quit smoking cigarettes (2)
Other Tobacco Use
bull 14 used chewing tobacco snuff or dip on at least 1 day during the 30 days before the
survey
bull 13 smoked cigars cigarillos or little cigars on at least 1 day during the 30 days before the
survey
Any Tobacco Use
bull 28 smoked cigarettes smoked cigars cigarillos or little cigars or used chewing tobacco
snuff or dip on at least 1 day during the 30 days before the survey
The current data support 2 ways to reduce youth smoking One is instituting smoke free laws
North Dakota voters strongly supported this in the election in November 2012 passing North
Dakotas new smoke-free law by a margin of 2 to 1 with every county and legislative district
voting in favor so its pretty clear this is what the people of North Dakota wanted Although
these laws are primarily designed to reduce the infliction of injury on others from secondhand
smoke smoke-free laws do tend to reduce youth smoking
The other way to reduce youth smoking is to increase taxes per pack of cigarettes
In a newly published study in the prestigious American Journal of Public Health doubling the
price of cigarettes decreased youth smoking by 13 which was the most effective way to cut
smoking in this population Its also estimated that in total in the states that increased tobacco
taxes during the study period resulted in 220000 fewer youth smokers
Other established previously published studies showed other benefits from increasing tobacco
taxes
bull Every 10 percent increase in the real price of cigarettes reduces overall cigarette
consumption by approximately three to five percent reduces the number
of young-adult smokers by 35 percent and reduces the number of kids who smoke by
six or seven percent
bull Cigarette price and tax increases work even more effectively to reduce smoking among
males Blacks Hispanics and lower-income smokers
bull A cigarette tax increase that raises prices by ten percent will reduce smoking among
pregnant women by seven percent saving many newborns from suffering from
smoking-affected births and related health consequences
bull Many states note increase in access to quit services such as what North Dakota has with
NDQuits when tobacco taxes increase Wisconsin and Iowa have notable data in this
area- for example Wisconsin went from about 9000 calls a month to 20000 in a month
after a new cigarette tax In Washington the number of smokers decreased by 100000
after their tobacco tax increase
Now I think many would say that North Dakota doesnt need another taxation revenue stream
and we are fortunate in North Dakota in that regard As well the people of North Dakota have
historically supported tobacco prevention funding- for example the well-known so called
Measure 3 of 2008 Currently North Dakota ranks very low in tobacco tax- we are ranked
46th with a state tax of 44 cents per pack The highest tobacco tax state is New York at $435
per pack The overall average is $128 Some may say that tobacco taxes pay for themselves
with health care but its estimated that each pack of cigarettes generates about $10 in health
care costs
Tobacco use itself remains a very expensive problem for North Dakota with an estimated $247
million spent annually on the treatment of tobacco related diseases Cutting down youth
smoking as well as smoking in other groups as noted has the potential to reduce these costs in
the future
Thank you for your time today and I would be happy to answer any other questions regarding
this or other tobacco related diseases or prevention My contact information can be provided
upon request References are provided as well
httpwwwtobaccofreekidsorgresearchfactsheetspdf0097pdf
httpwww n d health gov tobaccoFacts htm
httpwwwtobaccofreekidsorgresearchfactsheetspdf0146pdf
httpwwwcdcgovhealthyyouthyrbspdftobaccond tobacco combopdf
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use
(J amp bull Centers for Disease Control and Prevention ImiddotJj lldraquoA COC 247 Soving Lives Protecting Peopler-
Tobacco Control State Highlights 2012
Abstract
bull Highlights 2012 Abstract bull Highlights 2012 Cby section)
(tobaccodata statisticsstate datastate highlights2012sectionsindexhtm)
bull Highlights 2012 Buttons (tobaccobuttonsstate highlightsindexhtm)
bull Highlights 2012 Download
Page 1 of3 (
(tobaccodata statisticsstate datastate highlights2012zip fileshighlightszip) (Zip-163 MB)
bull Highlights 2012 Factsheet (tobaccodata statisticsstate datastate highlights2012pdfsfactsheetpdf) (PDF-so KB)
bull STATE System Interactive Maps (tobaccodata statisticsstate datastate highlights2012statesystemindexhtm)
Tobacco Control State Highlights 2012
Tobacco use is the single most preventable cause of death in the United States Each year in
the United States cigarette smoking and exposure to secondhand smoke causes 443000-or 1
in 5 deaths Economic losses are also staggering Smoking-caused diseases result in $96 billion
in health care costs annually
httnmiddotumm lrll anvtnhccnrlata statisticsstate datastate highlights2012indexhtm 1282013
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use Page 2 of3 V-
Some states have significantly improved the health of their citizens by reducing smoking rates
thereby decreasing smoking-related diseases deaths and health care costs Even in
economically challenging times states can make a significant difference in public health by
employing high-impact cost-effective tobacco control and prevention strategies as laid out in
the World Health Organizations MPOWER strategic package of interventions proven to
reduce tobacco use prevalence including
bull Monitor tobacco use and prevention policies bull Protect people from tobacco smoke bull Offer help to quit tobacco use bull Warn people about the dangers of tobacco bull Enforce bans on tobacco advertising promotion and sponsorship bull Raise state cigarette taxes on tobacco
Tobacco Control State Highlights 2012 guides states in developing and implementing highshy
impact strategies and assessing their performance This report also provides state-specific data
intended to-
1 Highlight how some states are making great strides in reducing smoking rates using evidence-based strategies while also showing that more work needs to be done in other states
2 Enable readers to see how their own states perform 3 Help policymakers with decision making
Post and share 2012 Tobacco Control State Highlights Buttons (tobaccobuttonsstate highlightsjindexhtm)
Interested in posting this syndicated content on your Web site
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mediaCo11ectionld=s) find the page and select the Add to List link next to it
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bull Tobacco Control State Highlights 2010 (tobaccodata statisticsstate datastate highlights2010indexhtm) - --
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Persons with disabilities who experience problems accessing the 2012 Tobacco Control
State Highlights should contact tobaccoinfocdcgov (mailtotobaccoinfocdcgov) or call1
-Soo-CDC-INFO (1-800-232-4636)
Page last reviewed January 24 2013 Page last updated January 24 2013 Content source Office on Smoking and Health National Center for Chronic Disease Prevention and Health Promotion
Centers for Disease Control and Prevention 1600 Clifton Rd Atlanta GA 30333 USA 8oo-CDC-INFO (800-232-4636) TTY (888) 232-6348- Contact CDC-INFO
11ttnwwwcdc 1mvtobaccodata statisticsstate datastate_ highlights2012indexhtm 12820 13
NORTH DAKOTA
Monitor
Adult Current CigaretteSmokeless Tobacco Use
In North Dakota the percentage of adults (ages 18+)
who currently smoke cigarettes was 219 in 2011
Across all states and DC the prevalence of cigarette smoking among adults ranged from 118 to 290
North Dakota ranked 30 among the states
The percentage of adults who currently use smoke-less tobacco was 76 in 2011 Across all states and DC the prevalence ranged from 14 to 98 North Dakota ranked 49 among the states
Current Cigarette and Smokeless Tobacco Use among Adults by Demographic Characteristics
National (median)
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
Less than high school degree
High school degree
More than high school degree
18-24 years old
25-44 years old
45-64 years old
65+ years old
bull Cigarettes
0 10 20
bullbullbull Sample size lt50
ml Smokeless Tobacco
30 40 Percent
50 60 70 80
Source Behavioral Risk Factor Surveillance System 2011
300
NORTH DAKOTA Youth Current CigaretteSmokeless TobaccoCigar Use
In North Dakota the percentage of youth in grades 9-12
who currently smoke cigarettes was 194 in 20 11 The range across 44 states was 59 to 241 North Dakota ranked 34h among 44 states
The percentage of youth who currently use smokeless tobacco was 136 in 2011 The range across 40 states was 35 to 169 North Dakota ranked 36h among 40 states
The percentage of youth who currently smoke cigars was 135 in 201 1 The range across 37 states was 50 to 183 North Dakota ranked 17h among 37 states
The percentage of youth who currently use tobacco (ie cigarettes smokeless tobacco andor cigars) was 283 in 2011 The range across 36 states was 78 to 319 North Dakota ranked 30h among 36 states
Tobacco Use among High School Students by Demographic Characteristics
bull Cigarettes
National
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
9th grade
1Oth grade
11th grade
12th grade
IE Smokeless Tobacco bull Cigars
0 10 20 30 Percent
Cigarettes smokeless tobacco andor cigars Sample size lt100
301
liil Tobacco
40 50 60 70
Source Youth Risk Behavior Survey 2011
NORTH DAKOTA Past-Year Cigarette Initiation
In 2008-2009 of all North Dakota youth ages 12-17
who had never smoked 66 smoked a cigarette for the first time in the past year This ranked 37 in the nation with a range of 33-92 among the states
Of all young adults ages 18-25 who had never smoked 147 smoked a cigarette for the first time in 2008-
2009 This ranked 51 in the nation with a range of 42-147 among the states
Past-Year Cigarette Initiates among Persons Aged 12-25 by Age of First Use 2002-2009
ltfJ c Ql v Ql c
25
20
15
10
5
0
__ Total Initiates -11- Initiates aged 12-17 --+-- Initiates aged 1 8-25
2002-2003 2004-2005 2006-2007 2008-2009
Year Source National Survey on Drug Use and Health 2002-2009
302
NORTH DAKOTA
Protect
Adult Exposure to Secondhand Smoke
Among all adults the percentage who reported being exposed to secondhand smoke within the past 7 days was lower in North Dakota than
Exposure to Secondhand Smoke
in the nation overall In 2009-2010 overall exposure to secondhand smoke in North Dakota was 450 ranking 1 8 among the states
I I I I Overall Workplaces i Homes 1 Vehicles Public Places I I
450
Adults were exposed to secondhand smoke in various locations The table shows the percentage of North Dakota adults who reported any exposure as well as exposure in their home in a vehicle or in indoor or outdoor areas at work or public places in the past 7 days
c Ql
100
Secondhand Smoke Exposure and Opinions about Smoking
in the Workplace bull National bull North Dakota
80
60 Ql a
Adults Reporting Being
Exposed to Secondhand
Smoke (overall)
Adults Who Think
Smoking Should Never be
Allowed in the Workplace
Source National Adult Tobacco Survey 2009-2010
Opinions about Smoking in the Workplace
In 2009-2010 778 of adults in North Dakota thought that smoking should never be allowed in indoor workplaces ranking 30 among the states
303
180 81 150 324 Source National Adult Tobacco Survey 2009-201 0
Smoke-Free Home Rules
In 2009-2010 836 of adults in North Dakota reported that their homes had smoke-free home rules ranking 18 among the states The percentage of homes without smoke-free home rules with children living in them was 284 ranking 11 among the states
Smoke-Free Home Rules and Homes without Rules that have Children
c Ql v Ql a
100
bull National
SmokemiddotFree Home
Rules
bull North Dakota
Homes without Rules
that have Children
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA State Smoke-Free Policy
As ofJune 30 2012 North Dakota had a smokeshyfree law that prohibits smoking in indoor areas of workplaces but not restaurants or bars The state allowed communities to enact local smoke-free laws
Note See Appendix B for updated legislation rhar rakes effect afrer June 30 2012
Offer
Adults Who Made a Quit Attempt in the Last Year
During 2009-2010 552 of North Dakota adult smokers made a quit attempt in the past year ranking 22d among the states
National
Percentage of Smokers Attempting to Quit
WORSE
In North Dakota
552 of adults made a quit attempt
ranking 22d
Source National Adult Tobacco Survey 2009-2010
Quitline Utilization
In 2010 the North Dakota quidine received 7478
calls and 1 342 tobacco users (an estimated 12 of all tobacco users in the state) received telephone counseling cessation medications or both from the state qui dine
Smoke-Free Legislation
I I Local Laws Workplaces Restaurants l Bars Permitted
Yes
I I
No No Yes Designated Smoking Areas t Ventilated Smoking Areas
bull Allowed for nonshyhospitality workplaces
1 Prohibited ror nonshyhospitJiity workplaces
t No Restrictions Allowed smoking in venues that prohibit minors
Note Not all footnotes may be used Source STATE System June 2012
304
Medicaid Coverage for Counseling and Medications
In 2010 North Dakotas Medicaid program provided incomplete coverage through Medicaid for tobaccoshydependence treatment North Dakota provided full coverage for some nicotine replacement therapies full coverage for varenicline full coverage for bupropion and no coverage for counseling (individual or group)
Medicaid Coverage for Counseling and Medications
Comprehensive Coverage
No
I Counseling NRT
Ms (On
1e or 1 Varenicline Jl Bupropion (Individual
ore andor Group)
Yes Yes Yes No
Pregnant women only t Fee-for-service only
Available only via the quitline
Note Not all footnotes may be used Source Halpinet a 2011
NORTH DAKOTA
Warn
Tobacco Counter-Marketing Media Intensity
CDC Best Practices recommendations translate into an average quarterly exposure of 1200 general audience gross raring points (GRPs) and 800 youth target raring points (TRPs) in effective anti-tobacco media campaigns North Dakota had an average of 10356 general audience GRPs and 1436 youth TRPs per quarter in television advertising supporting tobacco control messages in 2010
Anti-Tobacco Media Campaign Intensity G RPs Per Quarter
National
Median
2427 GRPs
General Audience
WORSE
North Dakota
Average 10356
GRPs (101h)
Source CDCOSH
Anti-Tobacco Media Campaign Intensity T RPs Per Quarter
National
Median
3 97TRPs
Youth (12-17Years)
WORSE
North
Dakota Average 1436 TRPs (13h)
Source CDCOSH
305
Knowledge of the Dangers of Tobacco
In North Dakota 657 of adults thought that breathing smoke from other peoples cigarettes or other tobacco products is very harmful to ones health in 2009-2010 Additionally 832 thought that cigarette smoking is very addictive
Secondhand Smoke
National
Average
656
WORSE
In North Dakota 657 of adults thought
__ secondhand smoke is very harmful The range
across all states was 721 to 559 North
Dakota ranked 17h
among the states
Source National Adult Tobacco Survey 2009-2010
Addictiveness of Smoking
National
Average
854
WORSE
In North Dakota 832 of adults thought that
smoking is very addictive The range across all states was
905 to 806 North __ Dakota ranked 45h among the states
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA
Enforce
State Allows Local Advertising and Promotion Laws State Allows Local Laws
As ofJune 30 2012 North Dakota allowed local regulation of tobacco industry promotions tobacco product sampling and display of tobacco products in commercial establishments
Promotion t Sampling I Display
Yes Yes Yes Source STATE System June 2012
Over-the-Counter Retail Licensure
As of June 30 2012 North Dakota required all establishments selling cigarettes and smokeless tobacco products over-the-counter to be licensed Nationally 37
states required over-the-counter licensure for cigarettes 29 of which also have a requirement for smokeless tobacco with various renewal frequencies fees and penalties for violations
Over-the-Counter Licensure and Penalties
Over-the- Minimum I Renewal I Penalty to Licensure Counter License License Fee Required I Business Includes _ Rqired _ _ (amp Frequelcy) _ Sruo_kes Toacc
$1500
Yes Yes
bull Annually Note Not all footnotes may be used bull Class A Misdemeanor Fine or Imprisonment or both Source STATE System June 2012
306
NORTH DAKOTA
Raise
Amount of Tobacco Product Excise Tax
As of June 302012 the excise tax on cigarettes in North Dakora was $044 per pack ranking 46h among the states The tax on cigars was 28 of the wholesale purchase price per cigar and for little cigars the tax was 28 of the wholesale purchase price per pack of 20 The tax on chewing tobacco was $0 I 6 per ounce with snuff taxed at $060 per ounce
Amount of Cigarette Excise Tax
National
Median
$1339
WORSE
As of June 30 2012
North Dakota had a
$044 cigarette excise tax-ranking 461h
among the states The range across states was
$435 to $017 per pack
Source STATE System June 2012
307
Price Paid for Last Cigarettes Purchased
In North Dakota 656 of adult smokers bought their last cigarettes by the pack and 344 bought them by the carton in 2009-2010 The average price that North Dakota smokers reported paying for their last pack of cigarettes was $433 in 2009-201 0 the range among states was $798 to $404 The average price that North Dakota smokers reponed paying for their last carton of cigarettes was $3561 in 2009-2010 the range among 45
states with valid data was $6445 to $3046
CAMPAIGN ov ToBACco-fREE
Kirk-middot
bull
ancer Action jii
N EW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVI NGS FROM A $100 CIGARETTE TAX I N C REASE I N NORTH DAKOTA
Cu rrent state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $1 048 per pack
Annual health care expenditu res in North Dakota directly caused by tobacco use $247 m illion S mokin g-caused state Med icaid program spending each year $47 mi l l ion
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $325 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase Percent decrease in youth smoking 154
-- -- -------------------------------------
Kids in North Dakota kept from becoming addicted adult smokers 6300 ------------------ --------------------------------------------------------------------------------
Current adult smokers in the state who would quit 5200 -----------------------------------------------------------------
Smoking-affected births avoided over next five years 900 -- -- --------
North Dakota residents saved from premature smoking-caused death 3400 ----middot-------------------- ------------------------------------------- middot --
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000 ------------ -----------------------------------
5- Year health care cost savings from fewer smoking-affected pregnancies amp births $213 mil l ion f-------------------------------------------------------------------------------------------------------------------------5- Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 mil l ion r------------------------------------------------------------------------------------------------------5- Year Medicaid program savings for the state $240000 ------------------------------------------------------------------------------------------------------- -----------
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 mil l ion 122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly diminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new reven ues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider all aspects of state tax pol icy related to OTPs (incl uding the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category linked to the state cigarette tax rate on a per-package or pe r-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoliciesltaxlus state local and httpwwwacscanorqltobaccopolicv
For more on sources and calculations see httpllwwwtobaccofreekidsorgresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Explanations amp Notes
Health care costs l isted at the top of the page are from the US Centers for Disease Control and Prevention
Projections a re based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the higher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggling and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion httptobaccofreekidsorgresearchfactsh eetspdf0274pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate i ncrease All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are limited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also limited because small tax i ncreases are unl ikely to produce significant public health benefits
Ongoing reductions in state smoking rates wil l over time gradually erode state cigarette tax revenues (in the absence of any new rate increases) But those declines are more predictable and less volatile than many other state revenue sources such as state income tax or corporate tax revenues (which can drop sharply during recessions) In addition the smoking declines that reduce tobacco tax revenues will simultaneously produce much larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdf0357pdf
For more on sources and calculations see httplwww tobaccofreekidsorqresearchlfactsheetslpdf028 1pdf
Needed State Efforts to P rotect State Tobacco Tax Revenues
Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qual ifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on all tobacco products to block tax evasion and promote tax equity No
High-tech tax stamps to stop counterfeiting and other smuggling and tax evasion No
Retailers lose license if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
North Dakota Tobacco Prevention and Control Executive Comm ittee
Center for Tobacco Prevention and Control Policy 4023 State Street Suite 65 bull Bismarck N D 58503-0638
Phone 70 1 328 5 1 30 middot Fax 701 328 5 1 35 middot Tol l Free 1 877277 5090
Testimony House Bil l 1 387
1 0 00 am Jan uary 29 20 1 3 House F inance and Taxation Comm ittee
Good morning Chairman Belter and members of the House Finance and Tax Committee I am Jeanne Prom executive director of the N D Center for Tobacco Prevention and Control Policy
I ncreasing the tobacco tax sig nificantly wil l lead to a decrease in tobacco use in our state Tobacco use is the leading cause of preventable disease and death and the tol l of tobacco u se in North Dakota is hig h
bull An n ual health care costs in North Dakota directly caused by smoking $247 mil l ion bull Portion paid by the state Medicaid prog ram annually $47 mil l ion bull N u mber of North Dakota adu lts who will die from smoking this year 800 bull High school students who smoke 7 400 (1 94) bull Male hig h school students who use smokeless or spit tobacco 22 2 bull Kids u nder 1 8 who become new daily smokers each year 600
The North Dakota Tobacco Prevention and Control Advisory Committee in its plan Saving Lives - Saving Money North Dakota s Comprehensive State Plan to Prevent and Control Tobacco Use cal ls for a sig nificant increase in al l tobacco taxes - to $2pack - to keep kids from starting and prompt users to quit As you can see on the attachments North Dakotas tobacco tax is one of the lowest in the country at 44 centspack This tax hasnt been increased since 1 993 The low tax resu lts in inexpensive tobacco that is affordable to youth and populations with l imited incomes and high smoking rates High tobacco taxes work most effectively to cut use among lower-income smokers and young male smokeless tobacco users - two g roups that suffer disproportionately from the harms of tobacco use
Tobacco use and its health hazards are completely preventable Raising the tobacco tax to $2pack with a comparable tax amou nt on other tobacco products can be expected to
bull Decrease youth smoking by 24 bull Reduce the number of kids from becoming addicted adult smokers by 9 900 bull Reduce the n umber of adults in the state who smoke by 8 200 bull Save the state mil l ions of dol lars in smoking-related health care costs over j ust 5 years
Please consider H B 1 387 with amendments to i ncrease the tobacco tax to $2pack with a comparable tax increase on al l other tobacco products
Thank you for your time and consideration I am happy to respond to any questions
The To bacco i n N o rth Da kota Updated Dec 5 2012
The Tol l of Tobacco in North Dakota
High school students who 1 94 (7400)
smoke middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot
Male high school stuents who 222
S SrlkS r Pt
t
Kids (under 1 8) who become 600
-middot- -IY S- X
Kids exposed to secondhand 42000
smoke at home Packs of cigarettes bought or
1 9 m il l ion lt9 Y i
------ Xr
Adu lts in North Dakota who smoke
21 9 ( 1 1 6 600)
Due to changes in CDCs methodology the 20 1 1 adult smoking rate cannot be
compared to adult smoking data from previous years
US National Data (201 1 )
i- -ltl flin
rt
Male h igh school students who 1 28
use smokeless tobacco
- n9 1 g(
Deaths i n North Da kota from Sm oking
Adults who die each year from th
k 800
e1r own smo mg
Kids now under 1 8 and alive in North Dakota who will ultimately 1 1 000 die prematurely from smoking
Smoking kil ls more people than alcohol AIDS car crashes i l legal drugs murders and suiCides combined - and thousands more die from other tobacco-related
causes - such as fires caused by smoking (more than 1 000 deathsyear nationwidr d smokeless tobacco use
Sm oking-Caused Monetary Costs in North Dakota
Annual health care costs in North Dakota directly caused by$247 m i ll ion
ltn
Portion covered by the state $47 m il l ion
-ii P9--
Residents state amp federal tax burden from srnoking-caused $574 per house hold
V-nt Pn i_
t
r
Smoking-caused productivity $ 1 92 m i l l ion
losses in North Dakota
Amounts do not include health costs caused by exposure to secondhand smoke smoking-caused fires smokeless tobacco use or cigar and pipe smoking Tobacco vse also imposes additional costs such as workplace productivity losses and damage to property
Tobacco Industry I nflue nce in North Dakota
Annual tobacco industry marketing expenditures nationwide
$85 bil l ion
Estimated portion spent for North Dakota marketing each $257 m il l ion
year
Published research studies have found that kids are twice as sensitive to tobacco advertising than adults and are more l ikely to be influenced to smoke by cigarette marketing than by peer pressure One-third of underage experimentation with smoking is attributable to tobacco company advertising
View sources of information
More detailed fact sheets on tobaccos toll in each state are avai lable by emailing factsheetstobaccofreekids org
CAMPAIGN middot ov
ToBA((o-fRpoundpound K ick
Guam $300 No Marianas Islands $1 75
MAP OF STATE CIGARETTE TAX RATES
Average State Cigarette Tax $1 48 per Pack
Average Cigarette Tax in M ajor Tobacco States 485 cents per Pack
Average Cigarette Tax in N on-Tobacco States $1 61 per Pack
TX $1 41
gt
$320 Puerto Rico $223
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate since 1 999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $ 1 00 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or h igher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages l i sted above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The major tobacco states with extensive tobacco farming and often cigarette manufacturin g are NC KY VA SC TN amp GA Federal cigarette tax is $1 01 per pack Not shown are the special taxes or fee s some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local g overnments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) N ew York City ($1 50) and Anchorage AK ($2206) The U S Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $ 1 047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn
For m o re information on state cigarette taxes and the benefits from increasing them see httpwwwtobaccofreekidsorgfacts issuesfact s h eetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1 400 I Street NW middot Suite 1 200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekid sorg
State Tax
Alabama $0425 Alaska $200 Arizona $200 Arkansas $1 1 5 California $087 Colorado $084 Connecticut $340 Delaware $1 60 DC $250 Florida $1 339 Georgia $037 Hawai i $320 Idaho $057 I l l inois $1 98
Indiana $0995 Iowa $ 1 36 Kansas $079 Kentucky $060
STATE CIGARETTE EXCISE TAX RATES amp RANKINGS
Overal l All States Average $1 48 per pack
Major Tobacco States Average 485 cents per pack Other States Average $1 61 per pack
Rank State Tax Rank State
47th Louisiana $036 49th Oklahoma 1 1 th Maine $200 1 1 th Oregon 1 1 th Maryland $200 1 1 th Pennsylvania 30th Massachusetts $251 9th Rhode Island 33rd Michigan $200 1 1 th South Carolina 34th Minnesota $1 23 28th South Dakota 3rd Mississippi $068 37th Tennessee
2 1 st Missouri $0 1 7 5 1 st Texas 1 0th Montana $1 70 1 7th Utah 26th Nebraska $064 38th Vermont 48th Nevada $080 35th Virginia 4th New Hampshire $ 1 68 1 9th Washington
42nd New Jersey $270 6th West Virgin ia 1 6th New Mexico $1 66 20th Wisconsin
32nd New York $435 1 st Wyoming 25th North Carolina $045 45th Puerto Rico 36th North Dakota $044 46th G uam 40th Ohio $ 1 25 27th Northern Marianas
Tax stamp Includes 75cent health 1mpact fee
Tax Rank
$1 03 3 1 st $1 1 8 29th $1 60 2 1 st $350 2nd $057 42nd $ 1 53 23rd $062 39th $1 41 24th $1 70 1 7th $262 7th $0 30 50th
$3025 5th $055 44th $2 52 8th $060 40th $223 NA $300 NA $1 75 NA
Table shows al l cigarette tax rates in effect now Since 2002 47 states DC and several US territories have increased their cigarette tax rates more than 1 05 times The three states in bold type have not increased their cigarette tax since 1 999 or earlier Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $1 00 per pack or higher 14 states DC and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $4 00 per pack Tobacco states are KY VA NC SC GA and TN States average includes DC but not Puerto Rico other U S territories or local cigarette taxes The median tax rate is $1 34 per pack AK M l MN MS UT also have special taxes or fees on brands of manufacturers not participating in the state tobacco lawsuit settlements (NPMs)
The highest combined state-local tax rate is $585 in New York City with Chicago IL second at $566 per pack Other high state-local rates include Evanston IL at $548 and Anchorage AK at $4206 per pack For more on local cigarette taxes see httptobaccofreekids orgresearchfactsheetspdf0267 pdf
Federal cigarette tax is $1 01 per pack From the beginning of 1 998 through 2002 the m ajor cigarette companies increased the prices they charge by more than $1 25 per pack (but also instituted aggressive retail-level discounting for competitive pu rposes and to reduce related consumption declines) In January 2003 Philip Morris instituted a 65-cent per pack price cut for four of its major brands to replace its retail-level discounting and fight sales losses to discount brands and R J Reynolds followed suit In the last several years the major cigarette companies have increased their product prices by almost $ 1 00 per pack The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs total $1047 per pack sold and consumed in the US The average price for a pack of cigarettes nationwide is roughly $600 (including statewide sales taxes but not local cigarette or sales taxes other than NYCs $1 50 per pack cigarette tax) with considerable state-to-state differences because of d ifferent state tax rates and different manufacturer wholesaler and retailer pricing and discounting practices AK DE MT NH amp OR have no state retai l sales tax at al l OK has a state sales tax but does not apply it to cigarettes MN amp DC apply a per-pack sales tax at the wholesale level and AL GA amp MO (unl ike the rest of the states) do not apply their state sales tax to that portion of retai l cigarette prices that represents the states cigarette excise tax
Campaign for Tobacco-Free Kids December 13 2012 I Ann Boonn
For additional i nformation see the Cam paigns website at httplwwwtobaccofreekidsorgwhat we dostate localtaxes
Sources Orzechowski amp Walker Tax Burden on Tobacco 201 1 media reports state revenue department websites
middot Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change ih the actual excise tax rates just the way that the rates are listed
1 400 I Street NW - Suite 1 200 - Washington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
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NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $156 CIGARETTE TAX INCREASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $ 1 048 per pack
Annual health care expend itures in North Dakota directly caused by tobacco use $247 m ill ion Smoking-caused state Med icaid program spending each year $47 m il lion
New Annual Revenue from Increasing the Cigarette Tax Rate by $156 Per Pack $4109 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate I nc rease
Percent decrease in youth smoking 240 Kids in North Dakota kept from becoming addicted adult smokers 9900 Current adult smokers in the state who would quit 800 Smoking-affected births avoided over next five years 1 500 North Dakota residents saved from premature smoking-caused death 5400 5-Year health care cost savings from fewer smoking-caused lung cancer cases $1 26 million
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $333 mill ion
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $233 mill ion
5-Year Medicaid program savings for the state $380000 Long-term health care cost savings in the state from adult amp youth smoking declines $35066 mil l ion
122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years wi l l similarly diminish or el iminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider al l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $2 00 per pack cigarette tax the states new OTP tax rate should be at least 60 of the wholesale price with m inimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoiciesltaxlus state local and httpllwwwacscanorqltobaccopoicy
For m ore on sources and calculations see httpllwwwtobaccofreekidsorglresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer A ction Network Melissa Maitin-Shepard
Explanations amp Notes Health care costs l isted at the top of the page are from the US Centers for Disease Control and P revention
Projections are based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the h igher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggl ing and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion http 1tobaccofreekids orgresearchfactsheetspdf027 4 pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate increase All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are l imited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also l imited because small tax increases are unl ikely to produce significant public health benefits
Ongoing red uctions in state smoking rates will over time gradually erode state cigarette tax revenues (in the absence of any new rate i ncreases) But those declines are more predictable and less volatile than many other state revenue sources such as state i ncome tax or corporate tax revenues (which can drop sharply during recessions) I n addition the smoking declines that reduce tobacco tax revenues will sim ultaneously produce m uch larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdfl0357 pdf
For more on sources and calculations see httpllwww tobaccofreekidsorqlresearchlfactsheetspdf0281 pdf
Needed State Efforts to Protect State Tobacco Tax Revenues Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qualifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on al l tobacco products to block tax evasion and promote tax equity No
H ig h-tech tax stamps to stop counterfeiting and other smuggl ing and tax evasion No
Retailers lose l icense if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
Testimony of Bill Shalhoob
Greater North Dakota Chamber of Commerce HB 1 3 87
January 29 20 1 3
Greater North Dakota Chamber
Mr Chairman and members of the committee My name is Bill Shalhoob and I am here today representing the Greater North Dakota Chamber of Commerce the champions for business in North Dakota GNDC is working to build the strongest business environment possible through its more than 1 1 00 business members as well as partnerships and coalitions with local chambers of commerce from across the state GNDC also represents the National Association of
Manufacturers and works closely with the US Chamber of Commerce As a group we stand in opposition to HB 1d urge a do not pass from your committee on the bill
nn GNDC has a long history of opposing excise taxes which we believe are onerous and unfair
We have a difficult time understanding this bill and the tax increase from 1 7 mills to 45 mills a
1 65 raise according to our math proposed in it North Dakota certainly does not need the
additional revenue that might come from this tax increase Our focus in this session is on tax decreases not increases If we are trying to do social engineering that is to discourage the practice the tax code is a poor place to do it If the goal is to eliminate smoking introduce a bil l prohibiting the sale or use of tobacco products in the state As witnessed by our experience with Minnesota increasing their cigarette tax with a health fee all we do is drive sales to a lower priced location by passing this bil l We see no acceptable reason to enact this tax
Thank you for the opportunity to appear before you today in opposition to HB 1 3 87 I would be happy to answer any questions
Champions Business
PO Box 2639 P 701middot222-0929 Bismarck NO 58502 F 701-222-1611
wwwndcharnbercorn
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North Dakota Retai l Association NO Petroleum Marketers Association
North Dakota Propane Gas Association
---- LEG S LAT VE BU LLET N Testimony- HB 1387
January 29 2013- House Finance and Tax Committee
Chairman Belter and Members of the House Finance and Tax Committee
We know any type of tax tends to put the squeeze on consumer spending potentially strain
household budgets and curb retail sales Which is exactly why the North Dakota Petroleum
Marketers Association and its 400 members from across the state are asking you to vote
NO on HB 1387
Passage of HB 1387 will burden North Dakotas lower Income Earners Cigarette
excise taxes are regressive in nature B ased on data from the Center for
Disease Control roughly 30 of adults in North Dakota who earn less than
$ 15000 are smokers whereas only 160 of adults who earn $50000 or
more are smokers Raising taxes will further unfairly burden low-income
earners
Passage of HB 1387 will harm the retail sector as well
Increasing the excise tax could hurt legitimate retailers when
adult smokers shift purchases to other outlets such as the internet This
would negatively affect North Dakota s 1 300 retailers
Even more pressing is the fear Passage of HB 1387 could increase illegal cigarette trafficking
An excise tax increase could provide incentives for smuggling and other
contraband activities resulting in lost revenues According to the Bureau of
1 02 5 North 3rd Street bull PO Box 1 9 5 6 bull Bismarck NO 58502 bull 701 -223-3370 bull Fax 7 0 1 -223-5004 Web Address ndretailorg bull ndpetroleumorg bull ndpropaneorg
Alcohol Tobacco Firearms and Explosives cigarette smuggling has
turned into a lucrative business for criminals who trade cigarettes and other
tobacco products on the black market Nationally its estimated $5 billion in
tax revenue annually is lost on the black market
For all of these reasons NDPMA is asking for a NO vote on HB 1387
Thank you for your time and consideration
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote
Com Standing Committee Report January 30 2013 456pm
Module ID h_stcomrep_17 _023 Carrier Froseth
REPORT OF STANDING COMMITTEE HB 1387 Finance and Taxation Committee (Rep Belter Chairman) recommends DO
NOT PASS (12 YEAS 1 NAYS 1 ABSENT AND NOT VOTING) HB 1387 was placed on the Eleventh order on the calendar
(1) DESK (3) COMMITIEE Page 1 h_stcomrep_1 7 _023
2013 TESTIMONY
HB 1387
Just to set the stage let me pass on what King James I said when he was first presented with tobacco in 1604 After smoking it he became sick and later wrote that tobacco was loathsome to the eye hateful to the nose harmful to the brain and dangerous to the lungs
The purpose of this bill is not to raise money It is to give an extra incentive to help
people quit smoking If enacted HB 1387would raise North Dakotas cigarette tax
by 56 cents from 44 cents a pack to $100 a pack That would increase the cost of
a pack by between 10 and 15 percent depending on the cost of the brand today
Nmih Dakota is one of three states which have not raised their tobacco tax since 1999 The average for all states is $148 a pack The average for all non-tobaccoshyproducing states is $161 a pack 45 states have cigarette taxes higher than Nmih Dakotas North Dakota lags well behind its bordering states South Dakota hardly a high tax state levies $153 per pack Minnesota $156 and Montana $170
Now how effective will increasing the cigarette tax be in reaching its goal to decrease smoking rates in North Dakota
A Dece1nber 1998 study of cigarette price elasticity by Credit Suisse First Boston Corporation concluded that conservatively cigarette consumption would decline by four percent for every 10 increase in price
A more recent study finds that each 10 price increase reduces youth smoking by 65 adult smoking by 2and total consumption by about 4oo
And reports from other states of actual declines in smoking following tax increases confirms that sturdy tax increases are effective in reducing smoking rates In 2009 Arkansas raised its tax by 56 cents to $115 within the first year after the tax increase sales of cigarettes declined by 27 In 2007 South Dakota raised its tax by $100 to $153 and experienced a 26 decline in sales In the same year Texas raised its tax a dollar to $141 and cut sales of cigarettes by 21 oo
I have three reasons for wanting to help people quit smoking one is personal one is humanitarian and the third is economic First the personal I tried to quit three times but lapsed each time Ill never forget how angry I was at myself for being controlled by a powerful force It was only when I calculated how much I was spending a year on cigarettes and what I couldnt buy because of smoking that I was able to quit
Secondly I hate to see people many of whom are addicted suffer needlessly have years cut off their lives their family broken by emphysema heart disease cancer and early death And finally to my economic concern The 186 of North Dakotans who smoke are responsible for $24 7 million a year in health care expenditures That cost is passed on to the rest of us in the form of higher insurance premiums higher Medicaid costs and higher hospital uncollectables Reduction in the number of smokers means a reduction in health care premiums for the rest of us
A December 30 2010 Fargo Forum editorial summed up the case for raising taxes on cigarettes In concert with public smoking bans cessation programs and antishysmoking campaigns higher tobacco taxes are an important tool to persuade smokers to snuff out the habit--or better yet convince teens never to start
Research shows higher taxes pay public dividends A 10 increase in the real price of cigarettes will reduce adult smoking by 2 and cut teen smoking by
roughly 7 That would make a difference in North Dakota where tobacco use rates are high 22 of students in grade nine smoke Thats alarmingly high and greater than the percentage of adults which is 18
Make no mistake taxpayers pay for smokers Medicaid costs for smoking- related illnesses are estimated at $47 million a year Factor in lost productivity--$192 million a year--and all direct medical expenditures--$250 million a year-- and the cost of cigarettes adds up to roughly $700 a year per person
I said at the beginning that the purpose of this increase in cigarette taxes was not to raise revenues But it will bring in somewhere around $32 million next biennium As the bill stands now that money would simply go into the General Fund But I could see the money being targeted for instance it could help pay for Medicaid costs related to smoking or it could provide $4000 college scholarships to 4000 needy students or to high achieving students in STEM fields Or it could be split among North Dakota hospitals to help pay for uncompensated care losses especially in the west Should the committee have any interest in the bill I would cetiainly be open to an amendment targeting the increased funds to any purpose committee members thought appropriate
I hope the committee will add one more tool to help addicted people kick this habit and compensate the state for the large medical costs created by smoking
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NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $100 C IGARETTE TAX INC REASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $10 48 per pack
Annual health care expenditures in North Dakota directly caused by tobacco use $247 million Smoking-caused state Medicaid program spending each year $47 million
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $3235 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase
Percent decrease in youth smoking 154
Kids in North Dakota kept from becoming addicted adult smokers 6300
Current adult smokers in the state who would quit 5200
Smoking-affected births avoided over next five years 900
North Dakota residents saved from premature smoking-caused death 3400
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $213 million
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 million
5-Year Medicaid program savings for the state $240000
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 million
122112 TFKI January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly d iminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products I t is important to consider a l l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $ 1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorglfacts issuesfact sheetslpoliciesltaxlus state local and httpllwwwacscanorgltobaccopolicv
For more on sources and calculations see httpwwwtobaccofreekidsorqresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Guam $300 No Marianas Islands $175
MAP O F STATE C IGARETTE TAX RATES
Average State Cigarette Tax $148 per Pack Average Cigarette Tax in Major Tobacco States 485 cents per Pack
Average Cigarette Tax in Non-Tobacco States $161 per Pack
0 HI $320 Puerto Rico $223 I
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate
since 1999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam
have cigarette tax rates of $100 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages listed above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The
major tobacco states with extensive tobacco farming and often cigarette manufacturing are NC KY VA SC TN amp GA Federal cigarette tax is $101 per pack Not shown are the special taxes or fees some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local governments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) New York City ($150) and Anchorage AK ($2206) The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $1047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn For more information on state cigarette taxes and the benefits from increasing them see
httpwwwtobaccofreekidsorgfacts issuesfact sheetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1400 I Street NW middot Suite 1200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
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From Dr Eric L Johnson MD Grand Forks ND
President
Tobacco Free North Dakota
Associate Professor
Department of Family and Community Medicine
UNDSMHS
Director lnterprofessional Education
UNDSMHS
Medical Director
Physician Assistant Program
UNDSMHS
Assistant Medical Director
Altru Diabetes Center
FMC-Aitru Health System
Assistant Medical Director
Valley Memorial Homes
Although Im unable to appear in person Id like to offer information regarding tobacco
specifically cigarette taxation and its specific relationship to reducing youth smoking I have
actively been involved in tobacco related issues since beginning my association with NDQuits
formerly known as the North Dakota Tobacco Quitline
We are fortunate to have up to date quality information to support this effort in reducing
smoking among youth in North Dakota Here is the current state of tobacco use among youth
in our state
Cigarette Use
bull 44 ever tried cigarette smoking (1)
bull 19 smoked cigarettes on at least 1 day during the 30 days before the survey
bull 8 smoked cigarettes on 20 or more days during the 30 days before the survey
bull 47 did not try to quit smoking cigarettes (2)
Other Tobacco Use
bull 14 used chewing tobacco snuff or dip on at least 1 day during the 30 days before the
survey
bull 13 smoked cigars cigarillos or little cigars on at least 1 day during the 30 days before the
survey
Any Tobacco Use
bull 28 smoked cigarettes smoked cigars cigarillos or little cigars or used chewing tobacco
snuff or dip on at least 1 day during the 30 days before the survey
The current data support 2 ways to reduce youth smoking One is instituting smoke free laws
North Dakota voters strongly supported this in the election in November 2012 passing North
Dakotas new smoke-free law by a margin of 2 to 1 with every county and legislative district
voting in favor so its pretty clear this is what the people of North Dakota wanted Although
these laws are primarily designed to reduce the infliction of injury on others from secondhand
smoke smoke-free laws do tend to reduce youth smoking
The other way to reduce youth smoking is to increase taxes per pack of cigarettes
In a newly published study in the prestigious American Journal of Public Health doubling the
price of cigarettes decreased youth smoking by 13 which was the most effective way to cut
smoking in this population Its also estimated that in total in the states that increased tobacco
taxes during the study period resulted in 220000 fewer youth smokers
Other established previously published studies showed other benefits from increasing tobacco
taxes
bull Every 10 percent increase in the real price of cigarettes reduces overall cigarette
consumption by approximately three to five percent reduces the number
of young-adult smokers by 35 percent and reduces the number of kids who smoke by
six or seven percent
bull Cigarette price and tax increases work even more effectively to reduce smoking among
males Blacks Hispanics and lower-income smokers
bull A cigarette tax increase that raises prices by ten percent will reduce smoking among
pregnant women by seven percent saving many newborns from suffering from
smoking-affected births and related health consequences
bull Many states note increase in access to quit services such as what North Dakota has with
NDQuits when tobacco taxes increase Wisconsin and Iowa have notable data in this
area- for example Wisconsin went from about 9000 calls a month to 20000 in a month
after a new cigarette tax In Washington the number of smokers decreased by 100000
after their tobacco tax increase
Now I think many would say that North Dakota doesnt need another taxation revenue stream
and we are fortunate in North Dakota in that regard As well the people of North Dakota have
historically supported tobacco prevention funding- for example the well-known so called
Measure 3 of 2008 Currently North Dakota ranks very low in tobacco tax- we are ranked
46th with a state tax of 44 cents per pack The highest tobacco tax state is New York at $435
per pack The overall average is $128 Some may say that tobacco taxes pay for themselves
with health care but its estimated that each pack of cigarettes generates about $10 in health
care costs
Tobacco use itself remains a very expensive problem for North Dakota with an estimated $247
million spent annually on the treatment of tobacco related diseases Cutting down youth
smoking as well as smoking in other groups as noted has the potential to reduce these costs in
the future
Thank you for your time today and I would be happy to answer any other questions regarding
this or other tobacco related diseases or prevention My contact information can be provided
upon request References are provided as well
httpwwwtobaccofreekidsorgresearchfactsheetspdf0097pdf
httpwww n d health gov tobaccoFacts htm
httpwwwtobaccofreekidsorgresearchfactsheetspdf0146pdf
httpwwwcdcgovhealthyyouthyrbspdftobaccond tobacco combopdf
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use
(J amp bull Centers for Disease Control and Prevention ImiddotJj lldraquoA COC 247 Soving Lives Protecting Peopler-
Tobacco Control State Highlights 2012
Abstract
bull Highlights 2012 Abstract bull Highlights 2012 Cby section)
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Tobacco Control State Highlights 2012
Tobacco use is the single most preventable cause of death in the United States Each year in
the United States cigarette smoking and exposure to secondhand smoke causes 443000-or 1
in 5 deaths Economic losses are also staggering Smoking-caused diseases result in $96 billion
in health care costs annually
httnmiddotumm lrll anvtnhccnrlata statisticsstate datastate highlights2012indexhtm 1282013
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use Page 2 of3 V-
Some states have significantly improved the health of their citizens by reducing smoking rates
thereby decreasing smoking-related diseases deaths and health care costs Even in
economically challenging times states can make a significant difference in public health by
employing high-impact cost-effective tobacco control and prevention strategies as laid out in
the World Health Organizations MPOWER strategic package of interventions proven to
reduce tobacco use prevalence including
bull Monitor tobacco use and prevention policies bull Protect people from tobacco smoke bull Offer help to quit tobacco use bull Warn people about the dangers of tobacco bull Enforce bans on tobacco advertising promotion and sponsorship bull Raise state cigarette taxes on tobacco
Tobacco Control State Highlights 2012 guides states in developing and implementing highshy
impact strategies and assessing their performance This report also provides state-specific data
intended to-
1 Highlight how some states are making great strides in reducing smoking rates using evidence-based strategies while also showing that more work needs to be done in other states
2 Enable readers to see how their own states perform 3 Help policymakers with decision making
Post and share 2012 Tobacco Control State Highlights Buttons (tobaccobuttonsstate highlightsjindexhtm)
Interested in posting this syndicated content on your Web site
See the 1ist of Smoking and Tobacco Use syndicated pages Chttptoolscdcgovsyndicationpagesaspx
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Related Archived Link I
bull Tobacco Control State Highlights 2010 (tobaccodata statisticsstate datastate highlights2010indexhtm) - --
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CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use Page3 of3
Persons with disabilities who experience problems accessing the 2012 Tobacco Control
State Highlights should contact tobaccoinfocdcgov (mailtotobaccoinfocdcgov) or call1
-Soo-CDC-INFO (1-800-232-4636)
Page last reviewed January 24 2013 Page last updated January 24 2013 Content source Office on Smoking and Health National Center for Chronic Disease Prevention and Health Promotion
Centers for Disease Control and Prevention 1600 Clifton Rd Atlanta GA 30333 USA 8oo-CDC-INFO (800-232-4636) TTY (888) 232-6348- Contact CDC-INFO
11ttnwwwcdc 1mvtobaccodata statisticsstate datastate_ highlights2012indexhtm 12820 13
NORTH DAKOTA
Monitor
Adult Current CigaretteSmokeless Tobacco Use
In North Dakota the percentage of adults (ages 18+)
who currently smoke cigarettes was 219 in 2011
Across all states and DC the prevalence of cigarette smoking among adults ranged from 118 to 290
North Dakota ranked 30 among the states
The percentage of adults who currently use smoke-less tobacco was 76 in 2011 Across all states and DC the prevalence ranged from 14 to 98 North Dakota ranked 49 among the states
Current Cigarette and Smokeless Tobacco Use among Adults by Demographic Characteristics
National (median)
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
Less than high school degree
High school degree
More than high school degree
18-24 years old
25-44 years old
45-64 years old
65+ years old
bull Cigarettes
0 10 20
bullbullbull Sample size lt50
ml Smokeless Tobacco
30 40 Percent
50 60 70 80
Source Behavioral Risk Factor Surveillance System 2011
300
NORTH DAKOTA Youth Current CigaretteSmokeless TobaccoCigar Use
In North Dakota the percentage of youth in grades 9-12
who currently smoke cigarettes was 194 in 20 11 The range across 44 states was 59 to 241 North Dakota ranked 34h among 44 states
The percentage of youth who currently use smokeless tobacco was 136 in 2011 The range across 40 states was 35 to 169 North Dakota ranked 36h among 40 states
The percentage of youth who currently smoke cigars was 135 in 201 1 The range across 37 states was 50 to 183 North Dakota ranked 17h among 37 states
The percentage of youth who currently use tobacco (ie cigarettes smokeless tobacco andor cigars) was 283 in 2011 The range across 36 states was 78 to 319 North Dakota ranked 30h among 36 states
Tobacco Use among High School Students by Demographic Characteristics
bull Cigarettes
National
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
9th grade
1Oth grade
11th grade
12th grade
IE Smokeless Tobacco bull Cigars
0 10 20 30 Percent
Cigarettes smokeless tobacco andor cigars Sample size lt100
301
liil Tobacco
40 50 60 70
Source Youth Risk Behavior Survey 2011
NORTH DAKOTA Past-Year Cigarette Initiation
In 2008-2009 of all North Dakota youth ages 12-17
who had never smoked 66 smoked a cigarette for the first time in the past year This ranked 37 in the nation with a range of 33-92 among the states
Of all young adults ages 18-25 who had never smoked 147 smoked a cigarette for the first time in 2008-
2009 This ranked 51 in the nation with a range of 42-147 among the states
Past-Year Cigarette Initiates among Persons Aged 12-25 by Age of First Use 2002-2009
ltfJ c Ql v Ql c
25
20
15
10
5
0
__ Total Initiates -11- Initiates aged 12-17 --+-- Initiates aged 1 8-25
2002-2003 2004-2005 2006-2007 2008-2009
Year Source National Survey on Drug Use and Health 2002-2009
302
NORTH DAKOTA
Protect
Adult Exposure to Secondhand Smoke
Among all adults the percentage who reported being exposed to secondhand smoke within the past 7 days was lower in North Dakota than
Exposure to Secondhand Smoke
in the nation overall In 2009-2010 overall exposure to secondhand smoke in North Dakota was 450 ranking 1 8 among the states
I I I I Overall Workplaces i Homes 1 Vehicles Public Places I I
450
Adults were exposed to secondhand smoke in various locations The table shows the percentage of North Dakota adults who reported any exposure as well as exposure in their home in a vehicle or in indoor or outdoor areas at work or public places in the past 7 days
c Ql
100
Secondhand Smoke Exposure and Opinions about Smoking
in the Workplace bull National bull North Dakota
80
60 Ql a
Adults Reporting Being
Exposed to Secondhand
Smoke (overall)
Adults Who Think
Smoking Should Never be
Allowed in the Workplace
Source National Adult Tobacco Survey 2009-2010
Opinions about Smoking in the Workplace
In 2009-2010 778 of adults in North Dakota thought that smoking should never be allowed in indoor workplaces ranking 30 among the states
303
180 81 150 324 Source National Adult Tobacco Survey 2009-201 0
Smoke-Free Home Rules
In 2009-2010 836 of adults in North Dakota reported that their homes had smoke-free home rules ranking 18 among the states The percentage of homes without smoke-free home rules with children living in them was 284 ranking 11 among the states
Smoke-Free Home Rules and Homes without Rules that have Children
c Ql v Ql a
100
bull National
SmokemiddotFree Home
Rules
bull North Dakota
Homes without Rules
that have Children
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA State Smoke-Free Policy
As ofJune 30 2012 North Dakota had a smokeshyfree law that prohibits smoking in indoor areas of workplaces but not restaurants or bars The state allowed communities to enact local smoke-free laws
Note See Appendix B for updated legislation rhar rakes effect afrer June 30 2012
Offer
Adults Who Made a Quit Attempt in the Last Year
During 2009-2010 552 of North Dakota adult smokers made a quit attempt in the past year ranking 22d among the states
National
Percentage of Smokers Attempting to Quit
WORSE
In North Dakota
552 of adults made a quit attempt
ranking 22d
Source National Adult Tobacco Survey 2009-2010
Quitline Utilization
In 2010 the North Dakota quidine received 7478
calls and 1 342 tobacco users (an estimated 12 of all tobacco users in the state) received telephone counseling cessation medications or both from the state qui dine
Smoke-Free Legislation
I I Local Laws Workplaces Restaurants l Bars Permitted
Yes
I I
No No Yes Designated Smoking Areas t Ventilated Smoking Areas
bull Allowed for nonshyhospitality workplaces
1 Prohibited ror nonshyhospitJiity workplaces
t No Restrictions Allowed smoking in venues that prohibit minors
Note Not all footnotes may be used Source STATE System June 2012
304
Medicaid Coverage for Counseling and Medications
In 2010 North Dakotas Medicaid program provided incomplete coverage through Medicaid for tobaccoshydependence treatment North Dakota provided full coverage for some nicotine replacement therapies full coverage for varenicline full coverage for bupropion and no coverage for counseling (individual or group)
Medicaid Coverage for Counseling and Medications
Comprehensive Coverage
No
I Counseling NRT
Ms (On
1e or 1 Varenicline Jl Bupropion (Individual
ore andor Group)
Yes Yes Yes No
Pregnant women only t Fee-for-service only
Available only via the quitline
Note Not all footnotes may be used Source Halpinet a 2011
NORTH DAKOTA
Warn
Tobacco Counter-Marketing Media Intensity
CDC Best Practices recommendations translate into an average quarterly exposure of 1200 general audience gross raring points (GRPs) and 800 youth target raring points (TRPs) in effective anti-tobacco media campaigns North Dakota had an average of 10356 general audience GRPs and 1436 youth TRPs per quarter in television advertising supporting tobacco control messages in 2010
Anti-Tobacco Media Campaign Intensity G RPs Per Quarter
National
Median
2427 GRPs
General Audience
WORSE
North Dakota
Average 10356
GRPs (101h)
Source CDCOSH
Anti-Tobacco Media Campaign Intensity T RPs Per Quarter
National
Median
3 97TRPs
Youth (12-17Years)
WORSE
North
Dakota Average 1436 TRPs (13h)
Source CDCOSH
305
Knowledge of the Dangers of Tobacco
In North Dakota 657 of adults thought that breathing smoke from other peoples cigarettes or other tobacco products is very harmful to ones health in 2009-2010 Additionally 832 thought that cigarette smoking is very addictive
Secondhand Smoke
National
Average
656
WORSE
In North Dakota 657 of adults thought
__ secondhand smoke is very harmful The range
across all states was 721 to 559 North
Dakota ranked 17h
among the states
Source National Adult Tobacco Survey 2009-2010
Addictiveness of Smoking
National
Average
854
WORSE
In North Dakota 832 of adults thought that
smoking is very addictive The range across all states was
905 to 806 North __ Dakota ranked 45h among the states
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA
Enforce
State Allows Local Advertising and Promotion Laws State Allows Local Laws
As ofJune 30 2012 North Dakota allowed local regulation of tobacco industry promotions tobacco product sampling and display of tobacco products in commercial establishments
Promotion t Sampling I Display
Yes Yes Yes Source STATE System June 2012
Over-the-Counter Retail Licensure
As of June 30 2012 North Dakota required all establishments selling cigarettes and smokeless tobacco products over-the-counter to be licensed Nationally 37
states required over-the-counter licensure for cigarettes 29 of which also have a requirement for smokeless tobacco with various renewal frequencies fees and penalties for violations
Over-the-Counter Licensure and Penalties
Over-the- Minimum I Renewal I Penalty to Licensure Counter License License Fee Required I Business Includes _ Rqired _ _ (amp Frequelcy) _ Sruo_kes Toacc
$1500
Yes Yes
bull Annually Note Not all footnotes may be used bull Class A Misdemeanor Fine or Imprisonment or both Source STATE System June 2012
306
NORTH DAKOTA
Raise
Amount of Tobacco Product Excise Tax
As of June 302012 the excise tax on cigarettes in North Dakora was $044 per pack ranking 46h among the states The tax on cigars was 28 of the wholesale purchase price per cigar and for little cigars the tax was 28 of the wholesale purchase price per pack of 20 The tax on chewing tobacco was $0 I 6 per ounce with snuff taxed at $060 per ounce
Amount of Cigarette Excise Tax
National
Median
$1339
WORSE
As of June 30 2012
North Dakota had a
$044 cigarette excise tax-ranking 461h
among the states The range across states was
$435 to $017 per pack
Source STATE System June 2012
307
Price Paid for Last Cigarettes Purchased
In North Dakota 656 of adult smokers bought their last cigarettes by the pack and 344 bought them by the carton in 2009-2010 The average price that North Dakota smokers reported paying for their last pack of cigarettes was $433 in 2009-201 0 the range among states was $798 to $404 The average price that North Dakota smokers reponed paying for their last carton of cigarettes was $3561 in 2009-2010 the range among 45
states with valid data was $6445 to $3046
CAMPAIGN ov ToBACco-fREE
Kirk-middot
bull
ancer Action jii
N EW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVI NGS FROM A $100 CIGARETTE TAX I N C REASE I N NORTH DAKOTA
Cu rrent state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $1 048 per pack
Annual health care expenditu res in North Dakota directly caused by tobacco use $247 m illion S mokin g-caused state Med icaid program spending each year $47 mi l l ion
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $325 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase Percent decrease in youth smoking 154
-- -- -------------------------------------
Kids in North Dakota kept from becoming addicted adult smokers 6300 ------------------ --------------------------------------------------------------------------------
Current adult smokers in the state who would quit 5200 -----------------------------------------------------------------
Smoking-affected births avoided over next five years 900 -- -- --------
North Dakota residents saved from premature smoking-caused death 3400 ----middot-------------------- ------------------------------------------- middot --
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000 ------------ -----------------------------------
5- Year health care cost savings from fewer smoking-affected pregnancies amp births $213 mil l ion f-------------------------------------------------------------------------------------------------------------------------5- Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 mil l ion r------------------------------------------------------------------------------------------------------5- Year Medicaid program savings for the state $240000 ------------------------------------------------------------------------------------------------------- -----------
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 mil l ion 122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly diminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new reven ues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider all aspects of state tax pol icy related to OTPs (incl uding the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category linked to the state cigarette tax rate on a per-package or pe r-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoliciesltaxlus state local and httpwwwacscanorqltobaccopolicv
For more on sources and calculations see httpllwwwtobaccofreekidsorgresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Explanations amp Notes
Health care costs l isted at the top of the page are from the US Centers for Disease Control and Prevention
Projections a re based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the higher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggling and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion httptobaccofreekidsorgresearchfactsh eetspdf0274pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate i ncrease All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are limited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also limited because small tax i ncreases are unl ikely to produce significant public health benefits
Ongoing reductions in state smoking rates wil l over time gradually erode state cigarette tax revenues (in the absence of any new rate increases) But those declines are more predictable and less volatile than many other state revenue sources such as state income tax or corporate tax revenues (which can drop sharply during recessions) In addition the smoking declines that reduce tobacco tax revenues will simultaneously produce much larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdf0357pdf
For more on sources and calculations see httplwww tobaccofreekidsorqresearchlfactsheetslpdf028 1pdf
Needed State Efforts to P rotect State Tobacco Tax Revenues
Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qual ifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on all tobacco products to block tax evasion and promote tax equity No
High-tech tax stamps to stop counterfeiting and other smuggling and tax evasion No
Retailers lose license if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
North Dakota Tobacco Prevention and Control Executive Comm ittee
Center for Tobacco Prevention and Control Policy 4023 State Street Suite 65 bull Bismarck N D 58503-0638
Phone 70 1 328 5 1 30 middot Fax 701 328 5 1 35 middot Tol l Free 1 877277 5090
Testimony House Bil l 1 387
1 0 00 am Jan uary 29 20 1 3 House F inance and Taxation Comm ittee
Good morning Chairman Belter and members of the House Finance and Tax Committee I am Jeanne Prom executive director of the N D Center for Tobacco Prevention and Control Policy
I ncreasing the tobacco tax sig nificantly wil l lead to a decrease in tobacco use in our state Tobacco use is the leading cause of preventable disease and death and the tol l of tobacco u se in North Dakota is hig h
bull An n ual health care costs in North Dakota directly caused by smoking $247 mil l ion bull Portion paid by the state Medicaid prog ram annually $47 mil l ion bull N u mber of North Dakota adu lts who will die from smoking this year 800 bull High school students who smoke 7 400 (1 94) bull Male hig h school students who use smokeless or spit tobacco 22 2 bull Kids u nder 1 8 who become new daily smokers each year 600
The North Dakota Tobacco Prevention and Control Advisory Committee in its plan Saving Lives - Saving Money North Dakota s Comprehensive State Plan to Prevent and Control Tobacco Use cal ls for a sig nificant increase in al l tobacco taxes - to $2pack - to keep kids from starting and prompt users to quit As you can see on the attachments North Dakotas tobacco tax is one of the lowest in the country at 44 centspack This tax hasnt been increased since 1 993 The low tax resu lts in inexpensive tobacco that is affordable to youth and populations with l imited incomes and high smoking rates High tobacco taxes work most effectively to cut use among lower-income smokers and young male smokeless tobacco users - two g roups that suffer disproportionately from the harms of tobacco use
Tobacco use and its health hazards are completely preventable Raising the tobacco tax to $2pack with a comparable tax amou nt on other tobacco products can be expected to
bull Decrease youth smoking by 24 bull Reduce the number of kids from becoming addicted adult smokers by 9 900 bull Reduce the n umber of adults in the state who smoke by 8 200 bull Save the state mil l ions of dol lars in smoking-related health care costs over j ust 5 years
Please consider H B 1 387 with amendments to i ncrease the tobacco tax to $2pack with a comparable tax increase on al l other tobacco products
Thank you for your time and consideration I am happy to respond to any questions
The To bacco i n N o rth Da kota Updated Dec 5 2012
The Tol l of Tobacco in North Dakota
High school students who 1 94 (7400)
smoke middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot
Male high school stuents who 222
S SrlkS r Pt
t
Kids (under 1 8) who become 600
-middot- -IY S- X
Kids exposed to secondhand 42000
smoke at home Packs of cigarettes bought or
1 9 m il l ion lt9 Y i
------ Xr
Adu lts in North Dakota who smoke
21 9 ( 1 1 6 600)
Due to changes in CDCs methodology the 20 1 1 adult smoking rate cannot be
compared to adult smoking data from previous years
US National Data (201 1 )
i- -ltl flin
rt
Male h igh school students who 1 28
use smokeless tobacco
- n9 1 g(
Deaths i n North Da kota from Sm oking
Adults who die each year from th
k 800
e1r own smo mg
Kids now under 1 8 and alive in North Dakota who will ultimately 1 1 000 die prematurely from smoking
Smoking kil ls more people than alcohol AIDS car crashes i l legal drugs murders and suiCides combined - and thousands more die from other tobacco-related
causes - such as fires caused by smoking (more than 1 000 deathsyear nationwidr d smokeless tobacco use
Sm oking-Caused Monetary Costs in North Dakota
Annual health care costs in North Dakota directly caused by$247 m i ll ion
ltn
Portion covered by the state $47 m il l ion
-ii P9--
Residents state amp federal tax burden from srnoking-caused $574 per house hold
V-nt Pn i_
t
r
Smoking-caused productivity $ 1 92 m i l l ion
losses in North Dakota
Amounts do not include health costs caused by exposure to secondhand smoke smoking-caused fires smokeless tobacco use or cigar and pipe smoking Tobacco vse also imposes additional costs such as workplace productivity losses and damage to property
Tobacco Industry I nflue nce in North Dakota
Annual tobacco industry marketing expenditures nationwide
$85 bil l ion
Estimated portion spent for North Dakota marketing each $257 m il l ion
year
Published research studies have found that kids are twice as sensitive to tobacco advertising than adults and are more l ikely to be influenced to smoke by cigarette marketing than by peer pressure One-third of underage experimentation with smoking is attributable to tobacco company advertising
View sources of information
More detailed fact sheets on tobaccos toll in each state are avai lable by emailing factsheetstobaccofreekids org
CAMPAIGN middot ov
ToBA((o-fRpoundpound K ick
Guam $300 No Marianas Islands $1 75
MAP OF STATE CIGARETTE TAX RATES
Average State Cigarette Tax $1 48 per Pack
Average Cigarette Tax in M ajor Tobacco States 485 cents per Pack
Average Cigarette Tax in N on-Tobacco States $1 61 per Pack
TX $1 41
gt
$320 Puerto Rico $223
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate since 1 999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $ 1 00 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or h igher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages l i sted above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The major tobacco states with extensive tobacco farming and often cigarette manufacturin g are NC KY VA SC TN amp GA Federal cigarette tax is $1 01 per pack Not shown are the special taxes or fee s some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local g overnments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) N ew York City ($1 50) and Anchorage AK ($2206) The U S Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $ 1 047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn
For m o re information on state cigarette taxes and the benefits from increasing them see httpwwwtobaccofreekidsorgfacts issuesfact s h eetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1 400 I Street NW middot Suite 1 200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekid sorg
State Tax
Alabama $0425 Alaska $200 Arizona $200 Arkansas $1 1 5 California $087 Colorado $084 Connecticut $340 Delaware $1 60 DC $250 Florida $1 339 Georgia $037 Hawai i $320 Idaho $057 I l l inois $1 98
Indiana $0995 Iowa $ 1 36 Kansas $079 Kentucky $060
STATE CIGARETTE EXCISE TAX RATES amp RANKINGS
Overal l All States Average $1 48 per pack
Major Tobacco States Average 485 cents per pack Other States Average $1 61 per pack
Rank State Tax Rank State
47th Louisiana $036 49th Oklahoma 1 1 th Maine $200 1 1 th Oregon 1 1 th Maryland $200 1 1 th Pennsylvania 30th Massachusetts $251 9th Rhode Island 33rd Michigan $200 1 1 th South Carolina 34th Minnesota $1 23 28th South Dakota 3rd Mississippi $068 37th Tennessee
2 1 st Missouri $0 1 7 5 1 st Texas 1 0th Montana $1 70 1 7th Utah 26th Nebraska $064 38th Vermont 48th Nevada $080 35th Virginia 4th New Hampshire $ 1 68 1 9th Washington
42nd New Jersey $270 6th West Virgin ia 1 6th New Mexico $1 66 20th Wisconsin
32nd New York $435 1 st Wyoming 25th North Carolina $045 45th Puerto Rico 36th North Dakota $044 46th G uam 40th Ohio $ 1 25 27th Northern Marianas
Tax stamp Includes 75cent health 1mpact fee
Tax Rank
$1 03 3 1 st $1 1 8 29th $1 60 2 1 st $350 2nd $057 42nd $ 1 53 23rd $062 39th $1 41 24th $1 70 1 7th $262 7th $0 30 50th
$3025 5th $055 44th $2 52 8th $060 40th $223 NA $300 NA $1 75 NA
Table shows al l cigarette tax rates in effect now Since 2002 47 states DC and several US territories have increased their cigarette tax rates more than 1 05 times The three states in bold type have not increased their cigarette tax since 1 999 or earlier Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $1 00 per pack or higher 14 states DC and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $4 00 per pack Tobacco states are KY VA NC SC GA and TN States average includes DC but not Puerto Rico other U S territories or local cigarette taxes The median tax rate is $1 34 per pack AK M l MN MS UT also have special taxes or fees on brands of manufacturers not participating in the state tobacco lawsuit settlements (NPMs)
The highest combined state-local tax rate is $585 in New York City with Chicago IL second at $566 per pack Other high state-local rates include Evanston IL at $548 and Anchorage AK at $4206 per pack For more on local cigarette taxes see httptobaccofreekids orgresearchfactsheetspdf0267 pdf
Federal cigarette tax is $1 01 per pack From the beginning of 1 998 through 2002 the m ajor cigarette companies increased the prices they charge by more than $1 25 per pack (but also instituted aggressive retail-level discounting for competitive pu rposes and to reduce related consumption declines) In January 2003 Philip Morris instituted a 65-cent per pack price cut for four of its major brands to replace its retail-level discounting and fight sales losses to discount brands and R J Reynolds followed suit In the last several years the major cigarette companies have increased their product prices by almost $ 1 00 per pack The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs total $1047 per pack sold and consumed in the US The average price for a pack of cigarettes nationwide is roughly $600 (including statewide sales taxes but not local cigarette or sales taxes other than NYCs $1 50 per pack cigarette tax) with considerable state-to-state differences because of d ifferent state tax rates and different manufacturer wholesaler and retailer pricing and discounting practices AK DE MT NH amp OR have no state retai l sales tax at al l OK has a state sales tax but does not apply it to cigarettes MN amp DC apply a per-pack sales tax at the wholesale level and AL GA amp MO (unl ike the rest of the states) do not apply their state sales tax to that portion of retai l cigarette prices that represents the states cigarette excise tax
Campaign for Tobacco-Free Kids December 13 2012 I Ann Boonn
For additional i nformation see the Cam paigns website at httplwwwtobaccofreekidsorgwhat we dostate localtaxes
Sources Orzechowski amp Walker Tax Burden on Tobacco 201 1 media reports state revenue department websites
middot Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change ih the actual excise tax rates just the way that the rates are listed
1 400 I Street NW - Suite 1 200 - Washington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
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NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $156 CIGARETTE TAX INCREASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $ 1 048 per pack
Annual health care expend itures in North Dakota directly caused by tobacco use $247 m ill ion Smoking-caused state Med icaid program spending each year $47 m il lion
New Annual Revenue from Increasing the Cigarette Tax Rate by $156 Per Pack $4109 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate I nc rease
Percent decrease in youth smoking 240 Kids in North Dakota kept from becoming addicted adult smokers 9900 Current adult smokers in the state who would quit 800 Smoking-affected births avoided over next five years 1 500 North Dakota residents saved from premature smoking-caused death 5400 5-Year health care cost savings from fewer smoking-caused lung cancer cases $1 26 million
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $333 mill ion
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $233 mill ion
5-Year Medicaid program savings for the state $380000 Long-term health care cost savings in the state from adult amp youth smoking declines $35066 mil l ion
122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years wi l l similarly diminish or el iminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider al l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $2 00 per pack cigarette tax the states new OTP tax rate should be at least 60 of the wholesale price with m inimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoiciesltaxlus state local and httpllwwwacscanorqltobaccopoicy
For m ore on sources and calculations see httpllwwwtobaccofreekidsorglresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer A ction Network Melissa Maitin-Shepard
Explanations amp Notes Health care costs l isted at the top of the page are from the US Centers for Disease Control and P revention
Projections are based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the h igher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggl ing and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion http 1tobaccofreekids orgresearchfactsheetspdf027 4 pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate increase All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are l imited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also l imited because small tax increases are unl ikely to produce significant public health benefits
Ongoing red uctions in state smoking rates will over time gradually erode state cigarette tax revenues (in the absence of any new rate i ncreases) But those declines are more predictable and less volatile than many other state revenue sources such as state i ncome tax or corporate tax revenues (which can drop sharply during recessions) I n addition the smoking declines that reduce tobacco tax revenues will sim ultaneously produce m uch larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdfl0357 pdf
For more on sources and calculations see httpllwww tobaccofreekidsorqlresearchlfactsheetspdf0281 pdf
Needed State Efforts to Protect State Tobacco Tax Revenues Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qualifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on al l tobacco products to block tax evasion and promote tax equity No
H ig h-tech tax stamps to stop counterfeiting and other smuggl ing and tax evasion No
Retailers lose l icense if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
Testimony of Bill Shalhoob
Greater North Dakota Chamber of Commerce HB 1 3 87
January 29 20 1 3
Greater North Dakota Chamber
Mr Chairman and members of the committee My name is Bill Shalhoob and I am here today representing the Greater North Dakota Chamber of Commerce the champions for business in North Dakota GNDC is working to build the strongest business environment possible through its more than 1 1 00 business members as well as partnerships and coalitions with local chambers of commerce from across the state GNDC also represents the National Association of
Manufacturers and works closely with the US Chamber of Commerce As a group we stand in opposition to HB 1d urge a do not pass from your committee on the bill
nn GNDC has a long history of opposing excise taxes which we believe are onerous and unfair
We have a difficult time understanding this bill and the tax increase from 1 7 mills to 45 mills a
1 65 raise according to our math proposed in it North Dakota certainly does not need the
additional revenue that might come from this tax increase Our focus in this session is on tax decreases not increases If we are trying to do social engineering that is to discourage the practice the tax code is a poor place to do it If the goal is to eliminate smoking introduce a bil l prohibiting the sale or use of tobacco products in the state As witnessed by our experience with Minnesota increasing their cigarette tax with a health fee all we do is drive sales to a lower priced location by passing this bil l We see no acceptable reason to enact this tax
Thank you for the opportunity to appear before you today in opposition to HB 1 3 87 I would be happy to answer any questions
Champions Business
PO Box 2639 P 701middot222-0929 Bismarck NO 58502 F 701-222-1611
wwwndcharnbercorn
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North Dakota Retai l Association NO Petroleum Marketers Association
North Dakota Propane Gas Association
---- LEG S LAT VE BU LLET N Testimony- HB 1387
January 29 2013- House Finance and Tax Committee
Chairman Belter and Members of the House Finance and Tax Committee
We know any type of tax tends to put the squeeze on consumer spending potentially strain
household budgets and curb retail sales Which is exactly why the North Dakota Petroleum
Marketers Association and its 400 members from across the state are asking you to vote
NO on HB 1387
Passage of HB 1387 will burden North Dakotas lower Income Earners Cigarette
excise taxes are regressive in nature B ased on data from the Center for
Disease Control roughly 30 of adults in North Dakota who earn less than
$ 15000 are smokers whereas only 160 of adults who earn $50000 or
more are smokers Raising taxes will further unfairly burden low-income
earners
Passage of HB 1387 will harm the retail sector as well
Increasing the excise tax could hurt legitimate retailers when
adult smokers shift purchases to other outlets such as the internet This
would negatively affect North Dakota s 1 300 retailers
Even more pressing is the fear Passage of HB 1387 could increase illegal cigarette trafficking
An excise tax increase could provide incentives for smuggling and other
contraband activities resulting in lost revenues According to the Bureau of
1 02 5 North 3rd Street bull PO Box 1 9 5 6 bull Bismarck NO 58502 bull 701 -223-3370 bull Fax 7 0 1 -223-5004 Web Address ndretailorg bull ndpetroleumorg bull ndpropaneorg
Alcohol Tobacco Firearms and Explosives cigarette smuggling has
turned into a lucrative business for criminals who trade cigarettes and other
tobacco products on the black market Nationally its estimated $5 billion in
tax revenue annually is lost on the black market
For all of these reasons NDPMA is asking for a NO vote on HB 1387
Thank you for your time and consideration
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote
2013 TESTIMONY
HB 1387
Just to set the stage let me pass on what King James I said when he was first presented with tobacco in 1604 After smoking it he became sick and later wrote that tobacco was loathsome to the eye hateful to the nose harmful to the brain and dangerous to the lungs
The purpose of this bill is not to raise money It is to give an extra incentive to help
people quit smoking If enacted HB 1387would raise North Dakotas cigarette tax
by 56 cents from 44 cents a pack to $100 a pack That would increase the cost of
a pack by between 10 and 15 percent depending on the cost of the brand today
Nmih Dakota is one of three states which have not raised their tobacco tax since 1999 The average for all states is $148 a pack The average for all non-tobaccoshyproducing states is $161 a pack 45 states have cigarette taxes higher than Nmih Dakotas North Dakota lags well behind its bordering states South Dakota hardly a high tax state levies $153 per pack Minnesota $156 and Montana $170
Now how effective will increasing the cigarette tax be in reaching its goal to decrease smoking rates in North Dakota
A Dece1nber 1998 study of cigarette price elasticity by Credit Suisse First Boston Corporation concluded that conservatively cigarette consumption would decline by four percent for every 10 increase in price
A more recent study finds that each 10 price increase reduces youth smoking by 65 adult smoking by 2and total consumption by about 4oo
And reports from other states of actual declines in smoking following tax increases confirms that sturdy tax increases are effective in reducing smoking rates In 2009 Arkansas raised its tax by 56 cents to $115 within the first year after the tax increase sales of cigarettes declined by 27 In 2007 South Dakota raised its tax by $100 to $153 and experienced a 26 decline in sales In the same year Texas raised its tax a dollar to $141 and cut sales of cigarettes by 21 oo
I have three reasons for wanting to help people quit smoking one is personal one is humanitarian and the third is economic First the personal I tried to quit three times but lapsed each time Ill never forget how angry I was at myself for being controlled by a powerful force It was only when I calculated how much I was spending a year on cigarettes and what I couldnt buy because of smoking that I was able to quit
Secondly I hate to see people many of whom are addicted suffer needlessly have years cut off their lives their family broken by emphysema heart disease cancer and early death And finally to my economic concern The 186 of North Dakotans who smoke are responsible for $24 7 million a year in health care expenditures That cost is passed on to the rest of us in the form of higher insurance premiums higher Medicaid costs and higher hospital uncollectables Reduction in the number of smokers means a reduction in health care premiums for the rest of us
A December 30 2010 Fargo Forum editorial summed up the case for raising taxes on cigarettes In concert with public smoking bans cessation programs and antishysmoking campaigns higher tobacco taxes are an important tool to persuade smokers to snuff out the habit--or better yet convince teens never to start
Research shows higher taxes pay public dividends A 10 increase in the real price of cigarettes will reduce adult smoking by 2 and cut teen smoking by
roughly 7 That would make a difference in North Dakota where tobacco use rates are high 22 of students in grade nine smoke Thats alarmingly high and greater than the percentage of adults which is 18
Make no mistake taxpayers pay for smokers Medicaid costs for smoking- related illnesses are estimated at $47 million a year Factor in lost productivity--$192 million a year--and all direct medical expenditures--$250 million a year-- and the cost of cigarettes adds up to roughly $700 a year per person
I said at the beginning that the purpose of this increase in cigarette taxes was not to raise revenues But it will bring in somewhere around $32 million next biennium As the bill stands now that money would simply go into the General Fund But I could see the money being targeted for instance it could help pay for Medicaid costs related to smoking or it could provide $4000 college scholarships to 4000 needy students or to high achieving students in STEM fields Or it could be split among North Dakota hospitals to help pay for uncompensated care losses especially in the west Should the committee have any interest in the bill I would cetiainly be open to an amendment targeting the increased funds to any purpose committee members thought appropriate
I hope the committee will add one more tool to help addicted people kick this habit and compensate the state for the large medical costs created by smoking
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NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $100 C IGARETTE TAX INC REASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $10 48 per pack
Annual health care expenditures in North Dakota directly caused by tobacco use $247 million Smoking-caused state Medicaid program spending each year $47 million
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $3235 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase
Percent decrease in youth smoking 154
Kids in North Dakota kept from becoming addicted adult smokers 6300
Current adult smokers in the state who would quit 5200
Smoking-affected births avoided over next five years 900
North Dakota residents saved from premature smoking-caused death 3400
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $213 million
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 million
5-Year Medicaid program savings for the state $240000
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 million
122112 TFKI January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly d iminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products I t is important to consider a l l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $ 1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorglfacts issuesfact sheetslpoliciesltaxlus state local and httpllwwwacscanorgltobaccopolicv
For more on sources and calculations see httpwwwtobaccofreekidsorqresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Guam $300 No Marianas Islands $175
MAP O F STATE C IGARETTE TAX RATES
Average State Cigarette Tax $148 per Pack Average Cigarette Tax in Major Tobacco States 485 cents per Pack
Average Cigarette Tax in Non-Tobacco States $161 per Pack
0 HI $320 Puerto Rico $223 I
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate
since 1999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam
have cigarette tax rates of $100 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages listed above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The
major tobacco states with extensive tobacco farming and often cigarette manufacturing are NC KY VA SC TN amp GA Federal cigarette tax is $101 per pack Not shown are the special taxes or fees some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local governments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) New York City ($150) and Anchorage AK ($2206) The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $1047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn For more information on state cigarette taxes and the benefits from increasing them see
httpwwwtobaccofreekidsorgfacts issuesfact sheetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1400 I Street NW middot Suite 1200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
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From Dr Eric L Johnson MD Grand Forks ND
President
Tobacco Free North Dakota
Associate Professor
Department of Family and Community Medicine
UNDSMHS
Director lnterprofessional Education
UNDSMHS
Medical Director
Physician Assistant Program
UNDSMHS
Assistant Medical Director
Altru Diabetes Center
FMC-Aitru Health System
Assistant Medical Director
Valley Memorial Homes
Although Im unable to appear in person Id like to offer information regarding tobacco
specifically cigarette taxation and its specific relationship to reducing youth smoking I have
actively been involved in tobacco related issues since beginning my association with NDQuits
formerly known as the North Dakota Tobacco Quitline
We are fortunate to have up to date quality information to support this effort in reducing
smoking among youth in North Dakota Here is the current state of tobacco use among youth
in our state
Cigarette Use
bull 44 ever tried cigarette smoking (1)
bull 19 smoked cigarettes on at least 1 day during the 30 days before the survey
bull 8 smoked cigarettes on 20 or more days during the 30 days before the survey
bull 47 did not try to quit smoking cigarettes (2)
Other Tobacco Use
bull 14 used chewing tobacco snuff or dip on at least 1 day during the 30 days before the
survey
bull 13 smoked cigars cigarillos or little cigars on at least 1 day during the 30 days before the
survey
Any Tobacco Use
bull 28 smoked cigarettes smoked cigars cigarillos or little cigars or used chewing tobacco
snuff or dip on at least 1 day during the 30 days before the survey
The current data support 2 ways to reduce youth smoking One is instituting smoke free laws
North Dakota voters strongly supported this in the election in November 2012 passing North
Dakotas new smoke-free law by a margin of 2 to 1 with every county and legislative district
voting in favor so its pretty clear this is what the people of North Dakota wanted Although
these laws are primarily designed to reduce the infliction of injury on others from secondhand
smoke smoke-free laws do tend to reduce youth smoking
The other way to reduce youth smoking is to increase taxes per pack of cigarettes
In a newly published study in the prestigious American Journal of Public Health doubling the
price of cigarettes decreased youth smoking by 13 which was the most effective way to cut
smoking in this population Its also estimated that in total in the states that increased tobacco
taxes during the study period resulted in 220000 fewer youth smokers
Other established previously published studies showed other benefits from increasing tobacco
taxes
bull Every 10 percent increase in the real price of cigarettes reduces overall cigarette
consumption by approximately three to five percent reduces the number
of young-adult smokers by 35 percent and reduces the number of kids who smoke by
six or seven percent
bull Cigarette price and tax increases work even more effectively to reduce smoking among
males Blacks Hispanics and lower-income smokers
bull A cigarette tax increase that raises prices by ten percent will reduce smoking among
pregnant women by seven percent saving many newborns from suffering from
smoking-affected births and related health consequences
bull Many states note increase in access to quit services such as what North Dakota has with
NDQuits when tobacco taxes increase Wisconsin and Iowa have notable data in this
area- for example Wisconsin went from about 9000 calls a month to 20000 in a month
after a new cigarette tax In Washington the number of smokers decreased by 100000
after their tobacco tax increase
Now I think many would say that North Dakota doesnt need another taxation revenue stream
and we are fortunate in North Dakota in that regard As well the people of North Dakota have
historically supported tobacco prevention funding- for example the well-known so called
Measure 3 of 2008 Currently North Dakota ranks very low in tobacco tax- we are ranked
46th with a state tax of 44 cents per pack The highest tobacco tax state is New York at $435
per pack The overall average is $128 Some may say that tobacco taxes pay for themselves
with health care but its estimated that each pack of cigarettes generates about $10 in health
care costs
Tobacco use itself remains a very expensive problem for North Dakota with an estimated $247
million spent annually on the treatment of tobacco related diseases Cutting down youth
smoking as well as smoking in other groups as noted has the potential to reduce these costs in
the future
Thank you for your time today and I would be happy to answer any other questions regarding
this or other tobacco related diseases or prevention My contact information can be provided
upon request References are provided as well
httpwwwtobaccofreekidsorgresearchfactsheetspdf0097pdf
httpwww n d health gov tobaccoFacts htm
httpwwwtobaccofreekidsorgresearchfactsheetspdf0146pdf
httpwwwcdcgovhealthyyouthyrbspdftobaccond tobacco combopdf
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use
(J amp bull Centers for Disease Control and Prevention ImiddotJj lldraquoA COC 247 Soving Lives Protecting Peopler-
Tobacco Control State Highlights 2012
Abstract
bull Highlights 2012 Abstract bull Highlights 2012 Cby section)
(tobaccodata statisticsstate datastate highlights2012sectionsindexhtm)
bull Highlights 2012 Buttons (tobaccobuttonsstate highlightsindexhtm)
bull Highlights 2012 Download
Page 1 of3 (
(tobaccodata statisticsstate datastate highlights2012zip fileshighlightszip) (Zip-163 MB)
bull Highlights 2012 Factsheet (tobaccodata statisticsstate datastate highlights2012pdfsfactsheetpdf) (PDF-so KB)
bull STATE System Interactive Maps (tobaccodata statisticsstate datastate highlights2012statesystemindexhtm)
Tobacco Control State Highlights 2012
Tobacco use is the single most preventable cause of death in the United States Each year in
the United States cigarette smoking and exposure to secondhand smoke causes 443000-or 1
in 5 deaths Economic losses are also staggering Smoking-caused diseases result in $96 billion
in health care costs annually
httnmiddotumm lrll anvtnhccnrlata statisticsstate datastate highlights2012indexhtm 1282013
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use Page 2 of3 V-
Some states have significantly improved the health of their citizens by reducing smoking rates
thereby decreasing smoking-related diseases deaths and health care costs Even in
economically challenging times states can make a significant difference in public health by
employing high-impact cost-effective tobacco control and prevention strategies as laid out in
the World Health Organizations MPOWER strategic package of interventions proven to
reduce tobacco use prevalence including
bull Monitor tobacco use and prevention policies bull Protect people from tobacco smoke bull Offer help to quit tobacco use bull Warn people about the dangers of tobacco bull Enforce bans on tobacco advertising promotion and sponsorship bull Raise state cigarette taxes on tobacco
Tobacco Control State Highlights 2012 guides states in developing and implementing highshy
impact strategies and assessing their performance This report also provides state-specific data
intended to-
1 Highlight how some states are making great strides in reducing smoking rates using evidence-based strategies while also showing that more work needs to be done in other states
2 Enable readers to see how their own states perform 3 Help policymakers with decision making
Post and share 2012 Tobacco Control State Highlights Buttons (tobaccobuttonsstate highlightsjindexhtm)
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bull Tobacco Control State Highlights 2010 (tobaccodata statisticsstate datastate highlights2010indexhtm) - --
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CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use Page3 of3
Persons with disabilities who experience problems accessing the 2012 Tobacco Control
State Highlights should contact tobaccoinfocdcgov (mailtotobaccoinfocdcgov) or call1
-Soo-CDC-INFO (1-800-232-4636)
Page last reviewed January 24 2013 Page last updated January 24 2013 Content source Office on Smoking and Health National Center for Chronic Disease Prevention and Health Promotion
Centers for Disease Control and Prevention 1600 Clifton Rd Atlanta GA 30333 USA 8oo-CDC-INFO (800-232-4636) TTY (888) 232-6348- Contact CDC-INFO
11ttnwwwcdc 1mvtobaccodata statisticsstate datastate_ highlights2012indexhtm 12820 13
NORTH DAKOTA
Monitor
Adult Current CigaretteSmokeless Tobacco Use
In North Dakota the percentage of adults (ages 18+)
who currently smoke cigarettes was 219 in 2011
Across all states and DC the prevalence of cigarette smoking among adults ranged from 118 to 290
North Dakota ranked 30 among the states
The percentage of adults who currently use smoke-less tobacco was 76 in 2011 Across all states and DC the prevalence ranged from 14 to 98 North Dakota ranked 49 among the states
Current Cigarette and Smokeless Tobacco Use among Adults by Demographic Characteristics
National (median)
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
Less than high school degree
High school degree
More than high school degree
18-24 years old
25-44 years old
45-64 years old
65+ years old
bull Cigarettes
0 10 20
bullbullbull Sample size lt50
ml Smokeless Tobacco
30 40 Percent
50 60 70 80
Source Behavioral Risk Factor Surveillance System 2011
300
NORTH DAKOTA Youth Current CigaretteSmokeless TobaccoCigar Use
In North Dakota the percentage of youth in grades 9-12
who currently smoke cigarettes was 194 in 20 11 The range across 44 states was 59 to 241 North Dakota ranked 34h among 44 states
The percentage of youth who currently use smokeless tobacco was 136 in 2011 The range across 40 states was 35 to 169 North Dakota ranked 36h among 40 states
The percentage of youth who currently smoke cigars was 135 in 201 1 The range across 37 states was 50 to 183 North Dakota ranked 17h among 37 states
The percentage of youth who currently use tobacco (ie cigarettes smokeless tobacco andor cigars) was 283 in 2011 The range across 36 states was 78 to 319 North Dakota ranked 30h among 36 states
Tobacco Use among High School Students by Demographic Characteristics
bull Cigarettes
National
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
9th grade
1Oth grade
11th grade
12th grade
IE Smokeless Tobacco bull Cigars
0 10 20 30 Percent
Cigarettes smokeless tobacco andor cigars Sample size lt100
301
liil Tobacco
40 50 60 70
Source Youth Risk Behavior Survey 2011
NORTH DAKOTA Past-Year Cigarette Initiation
In 2008-2009 of all North Dakota youth ages 12-17
who had never smoked 66 smoked a cigarette for the first time in the past year This ranked 37 in the nation with a range of 33-92 among the states
Of all young adults ages 18-25 who had never smoked 147 smoked a cigarette for the first time in 2008-
2009 This ranked 51 in the nation with a range of 42-147 among the states
Past-Year Cigarette Initiates among Persons Aged 12-25 by Age of First Use 2002-2009
ltfJ c Ql v Ql c
25
20
15
10
5
0
__ Total Initiates -11- Initiates aged 12-17 --+-- Initiates aged 1 8-25
2002-2003 2004-2005 2006-2007 2008-2009
Year Source National Survey on Drug Use and Health 2002-2009
302
NORTH DAKOTA
Protect
Adult Exposure to Secondhand Smoke
Among all adults the percentage who reported being exposed to secondhand smoke within the past 7 days was lower in North Dakota than
Exposure to Secondhand Smoke
in the nation overall In 2009-2010 overall exposure to secondhand smoke in North Dakota was 450 ranking 1 8 among the states
I I I I Overall Workplaces i Homes 1 Vehicles Public Places I I
450
Adults were exposed to secondhand smoke in various locations The table shows the percentage of North Dakota adults who reported any exposure as well as exposure in their home in a vehicle or in indoor or outdoor areas at work or public places in the past 7 days
c Ql
100
Secondhand Smoke Exposure and Opinions about Smoking
in the Workplace bull National bull North Dakota
80
60 Ql a
Adults Reporting Being
Exposed to Secondhand
Smoke (overall)
Adults Who Think
Smoking Should Never be
Allowed in the Workplace
Source National Adult Tobacco Survey 2009-2010
Opinions about Smoking in the Workplace
In 2009-2010 778 of adults in North Dakota thought that smoking should never be allowed in indoor workplaces ranking 30 among the states
303
180 81 150 324 Source National Adult Tobacco Survey 2009-201 0
Smoke-Free Home Rules
In 2009-2010 836 of adults in North Dakota reported that their homes had smoke-free home rules ranking 18 among the states The percentage of homes without smoke-free home rules with children living in them was 284 ranking 11 among the states
Smoke-Free Home Rules and Homes without Rules that have Children
c Ql v Ql a
100
bull National
SmokemiddotFree Home
Rules
bull North Dakota
Homes without Rules
that have Children
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA State Smoke-Free Policy
As ofJune 30 2012 North Dakota had a smokeshyfree law that prohibits smoking in indoor areas of workplaces but not restaurants or bars The state allowed communities to enact local smoke-free laws
Note See Appendix B for updated legislation rhar rakes effect afrer June 30 2012
Offer
Adults Who Made a Quit Attempt in the Last Year
During 2009-2010 552 of North Dakota adult smokers made a quit attempt in the past year ranking 22d among the states
National
Percentage of Smokers Attempting to Quit
WORSE
In North Dakota
552 of adults made a quit attempt
ranking 22d
Source National Adult Tobacco Survey 2009-2010
Quitline Utilization
In 2010 the North Dakota quidine received 7478
calls and 1 342 tobacco users (an estimated 12 of all tobacco users in the state) received telephone counseling cessation medications or both from the state qui dine
Smoke-Free Legislation
I I Local Laws Workplaces Restaurants l Bars Permitted
Yes
I I
No No Yes Designated Smoking Areas t Ventilated Smoking Areas
bull Allowed for nonshyhospitality workplaces
1 Prohibited ror nonshyhospitJiity workplaces
t No Restrictions Allowed smoking in venues that prohibit minors
Note Not all footnotes may be used Source STATE System June 2012
304
Medicaid Coverage for Counseling and Medications
In 2010 North Dakotas Medicaid program provided incomplete coverage through Medicaid for tobaccoshydependence treatment North Dakota provided full coverage for some nicotine replacement therapies full coverage for varenicline full coverage for bupropion and no coverage for counseling (individual or group)
Medicaid Coverage for Counseling and Medications
Comprehensive Coverage
No
I Counseling NRT
Ms (On
1e or 1 Varenicline Jl Bupropion (Individual
ore andor Group)
Yes Yes Yes No
Pregnant women only t Fee-for-service only
Available only via the quitline
Note Not all footnotes may be used Source Halpinet a 2011
NORTH DAKOTA
Warn
Tobacco Counter-Marketing Media Intensity
CDC Best Practices recommendations translate into an average quarterly exposure of 1200 general audience gross raring points (GRPs) and 800 youth target raring points (TRPs) in effective anti-tobacco media campaigns North Dakota had an average of 10356 general audience GRPs and 1436 youth TRPs per quarter in television advertising supporting tobacco control messages in 2010
Anti-Tobacco Media Campaign Intensity G RPs Per Quarter
National
Median
2427 GRPs
General Audience
WORSE
North Dakota
Average 10356
GRPs (101h)
Source CDCOSH
Anti-Tobacco Media Campaign Intensity T RPs Per Quarter
National
Median
3 97TRPs
Youth (12-17Years)
WORSE
North
Dakota Average 1436 TRPs (13h)
Source CDCOSH
305
Knowledge of the Dangers of Tobacco
In North Dakota 657 of adults thought that breathing smoke from other peoples cigarettes or other tobacco products is very harmful to ones health in 2009-2010 Additionally 832 thought that cigarette smoking is very addictive
Secondhand Smoke
National
Average
656
WORSE
In North Dakota 657 of adults thought
__ secondhand smoke is very harmful The range
across all states was 721 to 559 North
Dakota ranked 17h
among the states
Source National Adult Tobacco Survey 2009-2010
Addictiveness of Smoking
National
Average
854
WORSE
In North Dakota 832 of adults thought that
smoking is very addictive The range across all states was
905 to 806 North __ Dakota ranked 45h among the states
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA
Enforce
State Allows Local Advertising and Promotion Laws State Allows Local Laws
As ofJune 30 2012 North Dakota allowed local regulation of tobacco industry promotions tobacco product sampling and display of tobacco products in commercial establishments
Promotion t Sampling I Display
Yes Yes Yes Source STATE System June 2012
Over-the-Counter Retail Licensure
As of June 30 2012 North Dakota required all establishments selling cigarettes and smokeless tobacco products over-the-counter to be licensed Nationally 37
states required over-the-counter licensure for cigarettes 29 of which also have a requirement for smokeless tobacco with various renewal frequencies fees and penalties for violations
Over-the-Counter Licensure and Penalties
Over-the- Minimum I Renewal I Penalty to Licensure Counter License License Fee Required I Business Includes _ Rqired _ _ (amp Frequelcy) _ Sruo_kes Toacc
$1500
Yes Yes
bull Annually Note Not all footnotes may be used bull Class A Misdemeanor Fine or Imprisonment or both Source STATE System June 2012
306
NORTH DAKOTA
Raise
Amount of Tobacco Product Excise Tax
As of June 302012 the excise tax on cigarettes in North Dakora was $044 per pack ranking 46h among the states The tax on cigars was 28 of the wholesale purchase price per cigar and for little cigars the tax was 28 of the wholesale purchase price per pack of 20 The tax on chewing tobacco was $0 I 6 per ounce with snuff taxed at $060 per ounce
Amount of Cigarette Excise Tax
National
Median
$1339
WORSE
As of June 30 2012
North Dakota had a
$044 cigarette excise tax-ranking 461h
among the states The range across states was
$435 to $017 per pack
Source STATE System June 2012
307
Price Paid for Last Cigarettes Purchased
In North Dakota 656 of adult smokers bought their last cigarettes by the pack and 344 bought them by the carton in 2009-2010 The average price that North Dakota smokers reported paying for their last pack of cigarettes was $433 in 2009-201 0 the range among states was $798 to $404 The average price that North Dakota smokers reponed paying for their last carton of cigarettes was $3561 in 2009-2010 the range among 45
states with valid data was $6445 to $3046
CAMPAIGN ov ToBACco-fREE
Kirk-middot
bull
ancer Action jii
N EW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVI NGS FROM A $100 CIGARETTE TAX I N C REASE I N NORTH DAKOTA
Cu rrent state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $1 048 per pack
Annual health care expenditu res in North Dakota directly caused by tobacco use $247 m illion S mokin g-caused state Med icaid program spending each year $47 mi l l ion
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $325 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase Percent decrease in youth smoking 154
-- -- -------------------------------------
Kids in North Dakota kept from becoming addicted adult smokers 6300 ------------------ --------------------------------------------------------------------------------
Current adult smokers in the state who would quit 5200 -----------------------------------------------------------------
Smoking-affected births avoided over next five years 900 -- -- --------
North Dakota residents saved from premature smoking-caused death 3400 ----middot-------------------- ------------------------------------------- middot --
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000 ------------ -----------------------------------
5- Year health care cost savings from fewer smoking-affected pregnancies amp births $213 mil l ion f-------------------------------------------------------------------------------------------------------------------------5- Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 mil l ion r------------------------------------------------------------------------------------------------------5- Year Medicaid program savings for the state $240000 ------------------------------------------------------------------------------------------------------- -----------
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 mil l ion 122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly diminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new reven ues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider all aspects of state tax pol icy related to OTPs (incl uding the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category linked to the state cigarette tax rate on a per-package or pe r-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoliciesltaxlus state local and httpwwwacscanorqltobaccopolicv
For more on sources and calculations see httpllwwwtobaccofreekidsorgresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Explanations amp Notes
Health care costs l isted at the top of the page are from the US Centers for Disease Control and Prevention
Projections a re based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the higher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggling and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion httptobaccofreekidsorgresearchfactsh eetspdf0274pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate i ncrease All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are limited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also limited because small tax i ncreases are unl ikely to produce significant public health benefits
Ongoing reductions in state smoking rates wil l over time gradually erode state cigarette tax revenues (in the absence of any new rate increases) But those declines are more predictable and less volatile than many other state revenue sources such as state income tax or corporate tax revenues (which can drop sharply during recessions) In addition the smoking declines that reduce tobacco tax revenues will simultaneously produce much larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdf0357pdf
For more on sources and calculations see httplwww tobaccofreekidsorqresearchlfactsheetslpdf028 1pdf
Needed State Efforts to P rotect State Tobacco Tax Revenues
Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qual ifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on all tobacco products to block tax evasion and promote tax equity No
High-tech tax stamps to stop counterfeiting and other smuggling and tax evasion No
Retailers lose license if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
North Dakota Tobacco Prevention and Control Executive Comm ittee
Center for Tobacco Prevention and Control Policy 4023 State Street Suite 65 bull Bismarck N D 58503-0638
Phone 70 1 328 5 1 30 middot Fax 701 328 5 1 35 middot Tol l Free 1 877277 5090
Testimony House Bil l 1 387
1 0 00 am Jan uary 29 20 1 3 House F inance and Taxation Comm ittee
Good morning Chairman Belter and members of the House Finance and Tax Committee I am Jeanne Prom executive director of the N D Center for Tobacco Prevention and Control Policy
I ncreasing the tobacco tax sig nificantly wil l lead to a decrease in tobacco use in our state Tobacco use is the leading cause of preventable disease and death and the tol l of tobacco u se in North Dakota is hig h
bull An n ual health care costs in North Dakota directly caused by smoking $247 mil l ion bull Portion paid by the state Medicaid prog ram annually $47 mil l ion bull N u mber of North Dakota adu lts who will die from smoking this year 800 bull High school students who smoke 7 400 (1 94) bull Male hig h school students who use smokeless or spit tobacco 22 2 bull Kids u nder 1 8 who become new daily smokers each year 600
The North Dakota Tobacco Prevention and Control Advisory Committee in its plan Saving Lives - Saving Money North Dakota s Comprehensive State Plan to Prevent and Control Tobacco Use cal ls for a sig nificant increase in al l tobacco taxes - to $2pack - to keep kids from starting and prompt users to quit As you can see on the attachments North Dakotas tobacco tax is one of the lowest in the country at 44 centspack This tax hasnt been increased since 1 993 The low tax resu lts in inexpensive tobacco that is affordable to youth and populations with l imited incomes and high smoking rates High tobacco taxes work most effectively to cut use among lower-income smokers and young male smokeless tobacco users - two g roups that suffer disproportionately from the harms of tobacco use
Tobacco use and its health hazards are completely preventable Raising the tobacco tax to $2pack with a comparable tax amou nt on other tobacco products can be expected to
bull Decrease youth smoking by 24 bull Reduce the number of kids from becoming addicted adult smokers by 9 900 bull Reduce the n umber of adults in the state who smoke by 8 200 bull Save the state mil l ions of dol lars in smoking-related health care costs over j ust 5 years
Please consider H B 1 387 with amendments to i ncrease the tobacco tax to $2pack with a comparable tax increase on al l other tobacco products
Thank you for your time and consideration I am happy to respond to any questions
The To bacco i n N o rth Da kota Updated Dec 5 2012
The Tol l of Tobacco in North Dakota
High school students who 1 94 (7400)
smoke middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot
Male high school stuents who 222
S SrlkS r Pt
t
Kids (under 1 8) who become 600
-middot- -IY S- X
Kids exposed to secondhand 42000
smoke at home Packs of cigarettes bought or
1 9 m il l ion lt9 Y i
------ Xr
Adu lts in North Dakota who smoke
21 9 ( 1 1 6 600)
Due to changes in CDCs methodology the 20 1 1 adult smoking rate cannot be
compared to adult smoking data from previous years
US National Data (201 1 )
i- -ltl flin
rt
Male h igh school students who 1 28
use smokeless tobacco
- n9 1 g(
Deaths i n North Da kota from Sm oking
Adults who die each year from th
k 800
e1r own smo mg
Kids now under 1 8 and alive in North Dakota who will ultimately 1 1 000 die prematurely from smoking
Smoking kil ls more people than alcohol AIDS car crashes i l legal drugs murders and suiCides combined - and thousands more die from other tobacco-related
causes - such as fires caused by smoking (more than 1 000 deathsyear nationwidr d smokeless tobacco use
Sm oking-Caused Monetary Costs in North Dakota
Annual health care costs in North Dakota directly caused by$247 m i ll ion
ltn
Portion covered by the state $47 m il l ion
-ii P9--
Residents state amp federal tax burden from srnoking-caused $574 per house hold
V-nt Pn i_
t
r
Smoking-caused productivity $ 1 92 m i l l ion
losses in North Dakota
Amounts do not include health costs caused by exposure to secondhand smoke smoking-caused fires smokeless tobacco use or cigar and pipe smoking Tobacco vse also imposes additional costs such as workplace productivity losses and damage to property
Tobacco Industry I nflue nce in North Dakota
Annual tobacco industry marketing expenditures nationwide
$85 bil l ion
Estimated portion spent for North Dakota marketing each $257 m il l ion
year
Published research studies have found that kids are twice as sensitive to tobacco advertising than adults and are more l ikely to be influenced to smoke by cigarette marketing than by peer pressure One-third of underage experimentation with smoking is attributable to tobacco company advertising
View sources of information
More detailed fact sheets on tobaccos toll in each state are avai lable by emailing factsheetstobaccofreekids org
CAMPAIGN middot ov
ToBA((o-fRpoundpound K ick
Guam $300 No Marianas Islands $1 75
MAP OF STATE CIGARETTE TAX RATES
Average State Cigarette Tax $1 48 per Pack
Average Cigarette Tax in M ajor Tobacco States 485 cents per Pack
Average Cigarette Tax in N on-Tobacco States $1 61 per Pack
TX $1 41
gt
$320 Puerto Rico $223
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate since 1 999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $ 1 00 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or h igher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages l i sted above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The major tobacco states with extensive tobacco farming and often cigarette manufacturin g are NC KY VA SC TN amp GA Federal cigarette tax is $1 01 per pack Not shown are the special taxes or fee s some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local g overnments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) N ew York City ($1 50) and Anchorage AK ($2206) The U S Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $ 1 047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn
For m o re information on state cigarette taxes and the benefits from increasing them see httpwwwtobaccofreekidsorgfacts issuesfact s h eetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1 400 I Street NW middot Suite 1 200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekid sorg
State Tax
Alabama $0425 Alaska $200 Arizona $200 Arkansas $1 1 5 California $087 Colorado $084 Connecticut $340 Delaware $1 60 DC $250 Florida $1 339 Georgia $037 Hawai i $320 Idaho $057 I l l inois $1 98
Indiana $0995 Iowa $ 1 36 Kansas $079 Kentucky $060
STATE CIGARETTE EXCISE TAX RATES amp RANKINGS
Overal l All States Average $1 48 per pack
Major Tobacco States Average 485 cents per pack Other States Average $1 61 per pack
Rank State Tax Rank State
47th Louisiana $036 49th Oklahoma 1 1 th Maine $200 1 1 th Oregon 1 1 th Maryland $200 1 1 th Pennsylvania 30th Massachusetts $251 9th Rhode Island 33rd Michigan $200 1 1 th South Carolina 34th Minnesota $1 23 28th South Dakota 3rd Mississippi $068 37th Tennessee
2 1 st Missouri $0 1 7 5 1 st Texas 1 0th Montana $1 70 1 7th Utah 26th Nebraska $064 38th Vermont 48th Nevada $080 35th Virginia 4th New Hampshire $ 1 68 1 9th Washington
42nd New Jersey $270 6th West Virgin ia 1 6th New Mexico $1 66 20th Wisconsin
32nd New York $435 1 st Wyoming 25th North Carolina $045 45th Puerto Rico 36th North Dakota $044 46th G uam 40th Ohio $ 1 25 27th Northern Marianas
Tax stamp Includes 75cent health 1mpact fee
Tax Rank
$1 03 3 1 st $1 1 8 29th $1 60 2 1 st $350 2nd $057 42nd $ 1 53 23rd $062 39th $1 41 24th $1 70 1 7th $262 7th $0 30 50th
$3025 5th $055 44th $2 52 8th $060 40th $223 NA $300 NA $1 75 NA
Table shows al l cigarette tax rates in effect now Since 2002 47 states DC and several US territories have increased their cigarette tax rates more than 1 05 times The three states in bold type have not increased their cigarette tax since 1 999 or earlier Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $1 00 per pack or higher 14 states DC and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $4 00 per pack Tobacco states are KY VA NC SC GA and TN States average includes DC but not Puerto Rico other U S territories or local cigarette taxes The median tax rate is $1 34 per pack AK M l MN MS UT also have special taxes or fees on brands of manufacturers not participating in the state tobacco lawsuit settlements (NPMs)
The highest combined state-local tax rate is $585 in New York City with Chicago IL second at $566 per pack Other high state-local rates include Evanston IL at $548 and Anchorage AK at $4206 per pack For more on local cigarette taxes see httptobaccofreekids orgresearchfactsheetspdf0267 pdf
Federal cigarette tax is $1 01 per pack From the beginning of 1 998 through 2002 the m ajor cigarette companies increased the prices they charge by more than $1 25 per pack (but also instituted aggressive retail-level discounting for competitive pu rposes and to reduce related consumption declines) In January 2003 Philip Morris instituted a 65-cent per pack price cut for four of its major brands to replace its retail-level discounting and fight sales losses to discount brands and R J Reynolds followed suit In the last several years the major cigarette companies have increased their product prices by almost $ 1 00 per pack The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs total $1047 per pack sold and consumed in the US The average price for a pack of cigarettes nationwide is roughly $600 (including statewide sales taxes but not local cigarette or sales taxes other than NYCs $1 50 per pack cigarette tax) with considerable state-to-state differences because of d ifferent state tax rates and different manufacturer wholesaler and retailer pricing and discounting practices AK DE MT NH amp OR have no state retai l sales tax at al l OK has a state sales tax but does not apply it to cigarettes MN amp DC apply a per-pack sales tax at the wholesale level and AL GA amp MO (unl ike the rest of the states) do not apply their state sales tax to that portion of retai l cigarette prices that represents the states cigarette excise tax
Campaign for Tobacco-Free Kids December 13 2012 I Ann Boonn
For additional i nformation see the Cam paigns website at httplwwwtobaccofreekidsorgwhat we dostate localtaxes
Sources Orzechowski amp Walker Tax Burden on Tobacco 201 1 media reports state revenue department websites
middot Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change ih the actual excise tax rates just the way that the rates are listed
1 400 I Street NW - Suite 1 200 - Washington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
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NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $156 CIGARETTE TAX INCREASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $ 1 048 per pack
Annual health care expend itures in North Dakota directly caused by tobacco use $247 m ill ion Smoking-caused state Med icaid program spending each year $47 m il lion
New Annual Revenue from Increasing the Cigarette Tax Rate by $156 Per Pack $4109 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate I nc rease
Percent decrease in youth smoking 240 Kids in North Dakota kept from becoming addicted adult smokers 9900 Current adult smokers in the state who would quit 800 Smoking-affected births avoided over next five years 1 500 North Dakota residents saved from premature smoking-caused death 5400 5-Year health care cost savings from fewer smoking-caused lung cancer cases $1 26 million
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $333 mill ion
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $233 mill ion
5-Year Medicaid program savings for the state $380000 Long-term health care cost savings in the state from adult amp youth smoking declines $35066 mil l ion
122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years wi l l similarly diminish or el iminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider al l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $2 00 per pack cigarette tax the states new OTP tax rate should be at least 60 of the wholesale price with m inimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoiciesltaxlus state local and httpllwwwacscanorqltobaccopoicy
For m ore on sources and calculations see httpllwwwtobaccofreekidsorglresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer A ction Network Melissa Maitin-Shepard
Explanations amp Notes Health care costs l isted at the top of the page are from the US Centers for Disease Control and P revention
Projections are based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the h igher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggl ing and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion http 1tobaccofreekids orgresearchfactsheetspdf027 4 pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate increase All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are l imited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also l imited because small tax increases are unl ikely to produce significant public health benefits
Ongoing red uctions in state smoking rates will over time gradually erode state cigarette tax revenues (in the absence of any new rate i ncreases) But those declines are more predictable and less volatile than many other state revenue sources such as state i ncome tax or corporate tax revenues (which can drop sharply during recessions) I n addition the smoking declines that reduce tobacco tax revenues will sim ultaneously produce m uch larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdfl0357 pdf
For more on sources and calculations see httpllwww tobaccofreekidsorqlresearchlfactsheetspdf0281 pdf
Needed State Efforts to Protect State Tobacco Tax Revenues Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qualifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on al l tobacco products to block tax evasion and promote tax equity No
H ig h-tech tax stamps to stop counterfeiting and other smuggl ing and tax evasion No
Retailers lose l icense if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
Testimony of Bill Shalhoob
Greater North Dakota Chamber of Commerce HB 1 3 87
January 29 20 1 3
Greater North Dakota Chamber
Mr Chairman and members of the committee My name is Bill Shalhoob and I am here today representing the Greater North Dakota Chamber of Commerce the champions for business in North Dakota GNDC is working to build the strongest business environment possible through its more than 1 1 00 business members as well as partnerships and coalitions with local chambers of commerce from across the state GNDC also represents the National Association of
Manufacturers and works closely with the US Chamber of Commerce As a group we stand in opposition to HB 1d urge a do not pass from your committee on the bill
nn GNDC has a long history of opposing excise taxes which we believe are onerous and unfair
We have a difficult time understanding this bill and the tax increase from 1 7 mills to 45 mills a
1 65 raise according to our math proposed in it North Dakota certainly does not need the
additional revenue that might come from this tax increase Our focus in this session is on tax decreases not increases If we are trying to do social engineering that is to discourage the practice the tax code is a poor place to do it If the goal is to eliminate smoking introduce a bil l prohibiting the sale or use of tobacco products in the state As witnessed by our experience with Minnesota increasing their cigarette tax with a health fee all we do is drive sales to a lower priced location by passing this bil l We see no acceptable reason to enact this tax
Thank you for the opportunity to appear before you today in opposition to HB 1 3 87 I would be happy to answer any questions
Champions Business
PO Box 2639 P 701middot222-0929 Bismarck NO 58502 F 701-222-1611
wwwndcharnbercorn
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North Dakota Retai l Association NO Petroleum Marketers Association
North Dakota Propane Gas Association
---- LEG S LAT VE BU LLET N Testimony- HB 1387
January 29 2013- House Finance and Tax Committee
Chairman Belter and Members of the House Finance and Tax Committee
We know any type of tax tends to put the squeeze on consumer spending potentially strain
household budgets and curb retail sales Which is exactly why the North Dakota Petroleum
Marketers Association and its 400 members from across the state are asking you to vote
NO on HB 1387
Passage of HB 1387 will burden North Dakotas lower Income Earners Cigarette
excise taxes are regressive in nature B ased on data from the Center for
Disease Control roughly 30 of adults in North Dakota who earn less than
$ 15000 are smokers whereas only 160 of adults who earn $50000 or
more are smokers Raising taxes will further unfairly burden low-income
earners
Passage of HB 1387 will harm the retail sector as well
Increasing the excise tax could hurt legitimate retailers when
adult smokers shift purchases to other outlets such as the internet This
would negatively affect North Dakota s 1 300 retailers
Even more pressing is the fear Passage of HB 1387 could increase illegal cigarette trafficking
An excise tax increase could provide incentives for smuggling and other
contraband activities resulting in lost revenues According to the Bureau of
1 02 5 North 3rd Street bull PO Box 1 9 5 6 bull Bismarck NO 58502 bull 701 -223-3370 bull Fax 7 0 1 -223-5004 Web Address ndretailorg bull ndpetroleumorg bull ndpropaneorg
Alcohol Tobacco Firearms and Explosives cigarette smuggling has
turned into a lucrative business for criminals who trade cigarettes and other
tobacco products on the black market Nationally its estimated $5 billion in
tax revenue annually is lost on the black market
For all of these reasons NDPMA is asking for a NO vote on HB 1387
Thank you for your time and consideration
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote
Just to set the stage let me pass on what King James I said when he was first presented with tobacco in 1604 After smoking it he became sick and later wrote that tobacco was loathsome to the eye hateful to the nose harmful to the brain and dangerous to the lungs
The purpose of this bill is not to raise money It is to give an extra incentive to help
people quit smoking If enacted HB 1387would raise North Dakotas cigarette tax
by 56 cents from 44 cents a pack to $100 a pack That would increase the cost of
a pack by between 10 and 15 percent depending on the cost of the brand today
Nmih Dakota is one of three states which have not raised their tobacco tax since 1999 The average for all states is $148 a pack The average for all non-tobaccoshyproducing states is $161 a pack 45 states have cigarette taxes higher than Nmih Dakotas North Dakota lags well behind its bordering states South Dakota hardly a high tax state levies $153 per pack Minnesota $156 and Montana $170
Now how effective will increasing the cigarette tax be in reaching its goal to decrease smoking rates in North Dakota
A Dece1nber 1998 study of cigarette price elasticity by Credit Suisse First Boston Corporation concluded that conservatively cigarette consumption would decline by four percent for every 10 increase in price
A more recent study finds that each 10 price increase reduces youth smoking by 65 adult smoking by 2and total consumption by about 4oo
And reports from other states of actual declines in smoking following tax increases confirms that sturdy tax increases are effective in reducing smoking rates In 2009 Arkansas raised its tax by 56 cents to $115 within the first year after the tax increase sales of cigarettes declined by 27 In 2007 South Dakota raised its tax by $100 to $153 and experienced a 26 decline in sales In the same year Texas raised its tax a dollar to $141 and cut sales of cigarettes by 21 oo
I have three reasons for wanting to help people quit smoking one is personal one is humanitarian and the third is economic First the personal I tried to quit three times but lapsed each time Ill never forget how angry I was at myself for being controlled by a powerful force It was only when I calculated how much I was spending a year on cigarettes and what I couldnt buy because of smoking that I was able to quit
Secondly I hate to see people many of whom are addicted suffer needlessly have years cut off their lives their family broken by emphysema heart disease cancer and early death And finally to my economic concern The 186 of North Dakotans who smoke are responsible for $24 7 million a year in health care expenditures That cost is passed on to the rest of us in the form of higher insurance premiums higher Medicaid costs and higher hospital uncollectables Reduction in the number of smokers means a reduction in health care premiums for the rest of us
A December 30 2010 Fargo Forum editorial summed up the case for raising taxes on cigarettes In concert with public smoking bans cessation programs and antishysmoking campaigns higher tobacco taxes are an important tool to persuade smokers to snuff out the habit--or better yet convince teens never to start
Research shows higher taxes pay public dividends A 10 increase in the real price of cigarettes will reduce adult smoking by 2 and cut teen smoking by
roughly 7 That would make a difference in North Dakota where tobacco use rates are high 22 of students in grade nine smoke Thats alarmingly high and greater than the percentage of adults which is 18
Make no mistake taxpayers pay for smokers Medicaid costs for smoking- related illnesses are estimated at $47 million a year Factor in lost productivity--$192 million a year--and all direct medical expenditures--$250 million a year-- and the cost of cigarettes adds up to roughly $700 a year per person
I said at the beginning that the purpose of this increase in cigarette taxes was not to raise revenues But it will bring in somewhere around $32 million next biennium As the bill stands now that money would simply go into the General Fund But I could see the money being targeted for instance it could help pay for Medicaid costs related to smoking or it could provide $4000 college scholarships to 4000 needy students or to high achieving students in STEM fields Or it could be split among North Dakota hospitals to help pay for uncompensated care losses especially in the west Should the committee have any interest in the bill I would cetiainly be open to an amendment targeting the increased funds to any purpose committee members thought appropriate
I hope the committee will add one more tool to help addicted people kick this habit and compensate the state for the large medical costs created by smoking
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NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $100 C IGARETTE TAX INC REASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $10 48 per pack
Annual health care expenditures in North Dakota directly caused by tobacco use $247 million Smoking-caused state Medicaid program spending each year $47 million
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $3235 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase
Percent decrease in youth smoking 154
Kids in North Dakota kept from becoming addicted adult smokers 6300
Current adult smokers in the state who would quit 5200
Smoking-affected births avoided over next five years 900
North Dakota residents saved from premature smoking-caused death 3400
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $213 million
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 million
5-Year Medicaid program savings for the state $240000
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 million
122112 TFKI January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly d iminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products I t is important to consider a l l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $ 1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorglfacts issuesfact sheetslpoliciesltaxlus state local and httpllwwwacscanorgltobaccopolicv
For more on sources and calculations see httpwwwtobaccofreekidsorqresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Guam $300 No Marianas Islands $175
MAP O F STATE C IGARETTE TAX RATES
Average State Cigarette Tax $148 per Pack Average Cigarette Tax in Major Tobacco States 485 cents per Pack
Average Cigarette Tax in Non-Tobacco States $161 per Pack
0 HI $320 Puerto Rico $223 I
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate
since 1999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam
have cigarette tax rates of $100 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages listed above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The
major tobacco states with extensive tobacco farming and often cigarette manufacturing are NC KY VA SC TN amp GA Federal cigarette tax is $101 per pack Not shown are the special taxes or fees some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local governments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) New York City ($150) and Anchorage AK ($2206) The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $1047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn For more information on state cigarette taxes and the benefits from increasing them see
httpwwwtobaccofreekidsorgfacts issuesfact sheetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1400 I Street NW middot Suite 1200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
I i I I I I I I I I i I I I I I I I I II I I I I I I -- - 1 I O i I lt_ H I fi 61
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From Dr Eric L Johnson MD Grand Forks ND
President
Tobacco Free North Dakota
Associate Professor
Department of Family and Community Medicine
UNDSMHS
Director lnterprofessional Education
UNDSMHS
Medical Director
Physician Assistant Program
UNDSMHS
Assistant Medical Director
Altru Diabetes Center
FMC-Aitru Health System
Assistant Medical Director
Valley Memorial Homes
Although Im unable to appear in person Id like to offer information regarding tobacco
specifically cigarette taxation and its specific relationship to reducing youth smoking I have
actively been involved in tobacco related issues since beginning my association with NDQuits
formerly known as the North Dakota Tobacco Quitline
We are fortunate to have up to date quality information to support this effort in reducing
smoking among youth in North Dakota Here is the current state of tobacco use among youth
in our state
Cigarette Use
bull 44 ever tried cigarette smoking (1)
bull 19 smoked cigarettes on at least 1 day during the 30 days before the survey
bull 8 smoked cigarettes on 20 or more days during the 30 days before the survey
bull 47 did not try to quit smoking cigarettes (2)
Other Tobacco Use
bull 14 used chewing tobacco snuff or dip on at least 1 day during the 30 days before the
survey
bull 13 smoked cigars cigarillos or little cigars on at least 1 day during the 30 days before the
survey
Any Tobacco Use
bull 28 smoked cigarettes smoked cigars cigarillos or little cigars or used chewing tobacco
snuff or dip on at least 1 day during the 30 days before the survey
The current data support 2 ways to reduce youth smoking One is instituting smoke free laws
North Dakota voters strongly supported this in the election in November 2012 passing North
Dakotas new smoke-free law by a margin of 2 to 1 with every county and legislative district
voting in favor so its pretty clear this is what the people of North Dakota wanted Although
these laws are primarily designed to reduce the infliction of injury on others from secondhand
smoke smoke-free laws do tend to reduce youth smoking
The other way to reduce youth smoking is to increase taxes per pack of cigarettes
In a newly published study in the prestigious American Journal of Public Health doubling the
price of cigarettes decreased youth smoking by 13 which was the most effective way to cut
smoking in this population Its also estimated that in total in the states that increased tobacco
taxes during the study period resulted in 220000 fewer youth smokers
Other established previously published studies showed other benefits from increasing tobacco
taxes
bull Every 10 percent increase in the real price of cigarettes reduces overall cigarette
consumption by approximately three to five percent reduces the number
of young-adult smokers by 35 percent and reduces the number of kids who smoke by
six or seven percent
bull Cigarette price and tax increases work even more effectively to reduce smoking among
males Blacks Hispanics and lower-income smokers
bull A cigarette tax increase that raises prices by ten percent will reduce smoking among
pregnant women by seven percent saving many newborns from suffering from
smoking-affected births and related health consequences
bull Many states note increase in access to quit services such as what North Dakota has with
NDQuits when tobacco taxes increase Wisconsin and Iowa have notable data in this
area- for example Wisconsin went from about 9000 calls a month to 20000 in a month
after a new cigarette tax In Washington the number of smokers decreased by 100000
after their tobacco tax increase
Now I think many would say that North Dakota doesnt need another taxation revenue stream
and we are fortunate in North Dakota in that regard As well the people of North Dakota have
historically supported tobacco prevention funding- for example the well-known so called
Measure 3 of 2008 Currently North Dakota ranks very low in tobacco tax- we are ranked
46th with a state tax of 44 cents per pack The highest tobacco tax state is New York at $435
per pack The overall average is $128 Some may say that tobacco taxes pay for themselves
with health care but its estimated that each pack of cigarettes generates about $10 in health
care costs
Tobacco use itself remains a very expensive problem for North Dakota with an estimated $247
million spent annually on the treatment of tobacco related diseases Cutting down youth
smoking as well as smoking in other groups as noted has the potential to reduce these costs in
the future
Thank you for your time today and I would be happy to answer any other questions regarding
this or other tobacco related diseases or prevention My contact information can be provided
upon request References are provided as well
httpwwwtobaccofreekidsorgresearchfactsheetspdf0097pdf
httpwww n d health gov tobaccoFacts htm
httpwwwtobaccofreekidsorgresearchfactsheetspdf0146pdf
httpwwwcdcgovhealthyyouthyrbspdftobaccond tobacco combopdf
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use
(J amp bull Centers for Disease Control and Prevention ImiddotJj lldraquoA COC 247 Soving Lives Protecting Peopler-
Tobacco Control State Highlights 2012
Abstract
bull Highlights 2012 Abstract bull Highlights 2012 Cby section)
(tobaccodata statisticsstate datastate highlights2012sectionsindexhtm)
bull Highlights 2012 Buttons (tobaccobuttonsstate highlightsindexhtm)
bull Highlights 2012 Download
Page 1 of3 (
(tobaccodata statisticsstate datastate highlights2012zip fileshighlightszip) (Zip-163 MB)
bull Highlights 2012 Factsheet (tobaccodata statisticsstate datastate highlights2012pdfsfactsheetpdf) (PDF-so KB)
bull STATE System Interactive Maps (tobaccodata statisticsstate datastate highlights2012statesystemindexhtm)
Tobacco Control State Highlights 2012
Tobacco use is the single most preventable cause of death in the United States Each year in
the United States cigarette smoking and exposure to secondhand smoke causes 443000-or 1
in 5 deaths Economic losses are also staggering Smoking-caused diseases result in $96 billion
in health care costs annually
httnmiddotumm lrll anvtnhccnrlata statisticsstate datastate highlights2012indexhtm 1282013
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use Page 2 of3 V-
Some states have significantly improved the health of their citizens by reducing smoking rates
thereby decreasing smoking-related diseases deaths and health care costs Even in
economically challenging times states can make a significant difference in public health by
employing high-impact cost-effective tobacco control and prevention strategies as laid out in
the World Health Organizations MPOWER strategic package of interventions proven to
reduce tobacco use prevalence including
bull Monitor tobacco use and prevention policies bull Protect people from tobacco smoke bull Offer help to quit tobacco use bull Warn people about the dangers of tobacco bull Enforce bans on tobacco advertising promotion and sponsorship bull Raise state cigarette taxes on tobacco
Tobacco Control State Highlights 2012 guides states in developing and implementing highshy
impact strategies and assessing their performance This report also provides state-specific data
intended to-
1 Highlight how some states are making great strides in reducing smoking rates using evidence-based strategies while also showing that more work needs to be done in other states
2 Enable readers to see how their own states perform 3 Help policymakers with decision making
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CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use Page3 of3
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Page last reviewed January 24 2013 Page last updated January 24 2013 Content source Office on Smoking and Health National Center for Chronic Disease Prevention and Health Promotion
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11ttnwwwcdc 1mvtobaccodata statisticsstate datastate_ highlights2012indexhtm 12820 13
NORTH DAKOTA
Monitor
Adult Current CigaretteSmokeless Tobacco Use
In North Dakota the percentage of adults (ages 18+)
who currently smoke cigarettes was 219 in 2011
Across all states and DC the prevalence of cigarette smoking among adults ranged from 118 to 290
North Dakota ranked 30 among the states
The percentage of adults who currently use smoke-less tobacco was 76 in 2011 Across all states and DC the prevalence ranged from 14 to 98 North Dakota ranked 49 among the states
Current Cigarette and Smokeless Tobacco Use among Adults by Demographic Characteristics
National (median)
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
Less than high school degree
High school degree
More than high school degree
18-24 years old
25-44 years old
45-64 years old
65+ years old
bull Cigarettes
0 10 20
bullbullbull Sample size lt50
ml Smokeless Tobacco
30 40 Percent
50 60 70 80
Source Behavioral Risk Factor Surveillance System 2011
300
NORTH DAKOTA Youth Current CigaretteSmokeless TobaccoCigar Use
In North Dakota the percentage of youth in grades 9-12
who currently smoke cigarettes was 194 in 20 11 The range across 44 states was 59 to 241 North Dakota ranked 34h among 44 states
The percentage of youth who currently use smokeless tobacco was 136 in 2011 The range across 40 states was 35 to 169 North Dakota ranked 36h among 40 states
The percentage of youth who currently smoke cigars was 135 in 201 1 The range across 37 states was 50 to 183 North Dakota ranked 17h among 37 states
The percentage of youth who currently use tobacco (ie cigarettes smokeless tobacco andor cigars) was 283 in 2011 The range across 36 states was 78 to 319 North Dakota ranked 30h among 36 states
Tobacco Use among High School Students by Demographic Characteristics
bull Cigarettes
National
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
9th grade
1Oth grade
11th grade
12th grade
IE Smokeless Tobacco bull Cigars
0 10 20 30 Percent
Cigarettes smokeless tobacco andor cigars Sample size lt100
301
liil Tobacco
40 50 60 70
Source Youth Risk Behavior Survey 2011
NORTH DAKOTA Past-Year Cigarette Initiation
In 2008-2009 of all North Dakota youth ages 12-17
who had never smoked 66 smoked a cigarette for the first time in the past year This ranked 37 in the nation with a range of 33-92 among the states
Of all young adults ages 18-25 who had never smoked 147 smoked a cigarette for the first time in 2008-
2009 This ranked 51 in the nation with a range of 42-147 among the states
Past-Year Cigarette Initiates among Persons Aged 12-25 by Age of First Use 2002-2009
ltfJ c Ql v Ql c
25
20
15
10
5
0
__ Total Initiates -11- Initiates aged 12-17 --+-- Initiates aged 1 8-25
2002-2003 2004-2005 2006-2007 2008-2009
Year Source National Survey on Drug Use and Health 2002-2009
302
NORTH DAKOTA
Protect
Adult Exposure to Secondhand Smoke
Among all adults the percentage who reported being exposed to secondhand smoke within the past 7 days was lower in North Dakota than
Exposure to Secondhand Smoke
in the nation overall In 2009-2010 overall exposure to secondhand smoke in North Dakota was 450 ranking 1 8 among the states
I I I I Overall Workplaces i Homes 1 Vehicles Public Places I I
450
Adults were exposed to secondhand smoke in various locations The table shows the percentage of North Dakota adults who reported any exposure as well as exposure in their home in a vehicle or in indoor or outdoor areas at work or public places in the past 7 days
c Ql
100
Secondhand Smoke Exposure and Opinions about Smoking
in the Workplace bull National bull North Dakota
80
60 Ql a
Adults Reporting Being
Exposed to Secondhand
Smoke (overall)
Adults Who Think
Smoking Should Never be
Allowed in the Workplace
Source National Adult Tobacco Survey 2009-2010
Opinions about Smoking in the Workplace
In 2009-2010 778 of adults in North Dakota thought that smoking should never be allowed in indoor workplaces ranking 30 among the states
303
180 81 150 324 Source National Adult Tobacco Survey 2009-201 0
Smoke-Free Home Rules
In 2009-2010 836 of adults in North Dakota reported that their homes had smoke-free home rules ranking 18 among the states The percentage of homes without smoke-free home rules with children living in them was 284 ranking 11 among the states
Smoke-Free Home Rules and Homes without Rules that have Children
c Ql v Ql a
100
bull National
SmokemiddotFree Home
Rules
bull North Dakota
Homes without Rules
that have Children
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA State Smoke-Free Policy
As ofJune 30 2012 North Dakota had a smokeshyfree law that prohibits smoking in indoor areas of workplaces but not restaurants or bars The state allowed communities to enact local smoke-free laws
Note See Appendix B for updated legislation rhar rakes effect afrer June 30 2012
Offer
Adults Who Made a Quit Attempt in the Last Year
During 2009-2010 552 of North Dakota adult smokers made a quit attempt in the past year ranking 22d among the states
National
Percentage of Smokers Attempting to Quit
WORSE
In North Dakota
552 of adults made a quit attempt
ranking 22d
Source National Adult Tobacco Survey 2009-2010
Quitline Utilization
In 2010 the North Dakota quidine received 7478
calls and 1 342 tobacco users (an estimated 12 of all tobacco users in the state) received telephone counseling cessation medications or both from the state qui dine
Smoke-Free Legislation
I I Local Laws Workplaces Restaurants l Bars Permitted
Yes
I I
No No Yes Designated Smoking Areas t Ventilated Smoking Areas
bull Allowed for nonshyhospitality workplaces
1 Prohibited ror nonshyhospitJiity workplaces
t No Restrictions Allowed smoking in venues that prohibit minors
Note Not all footnotes may be used Source STATE System June 2012
304
Medicaid Coverage for Counseling and Medications
In 2010 North Dakotas Medicaid program provided incomplete coverage through Medicaid for tobaccoshydependence treatment North Dakota provided full coverage for some nicotine replacement therapies full coverage for varenicline full coverage for bupropion and no coverage for counseling (individual or group)
Medicaid Coverage for Counseling and Medications
Comprehensive Coverage
No
I Counseling NRT
Ms (On
1e or 1 Varenicline Jl Bupropion (Individual
ore andor Group)
Yes Yes Yes No
Pregnant women only t Fee-for-service only
Available only via the quitline
Note Not all footnotes may be used Source Halpinet a 2011
NORTH DAKOTA
Warn
Tobacco Counter-Marketing Media Intensity
CDC Best Practices recommendations translate into an average quarterly exposure of 1200 general audience gross raring points (GRPs) and 800 youth target raring points (TRPs) in effective anti-tobacco media campaigns North Dakota had an average of 10356 general audience GRPs and 1436 youth TRPs per quarter in television advertising supporting tobacco control messages in 2010
Anti-Tobacco Media Campaign Intensity G RPs Per Quarter
National
Median
2427 GRPs
General Audience
WORSE
North Dakota
Average 10356
GRPs (101h)
Source CDCOSH
Anti-Tobacco Media Campaign Intensity T RPs Per Quarter
National
Median
3 97TRPs
Youth (12-17Years)
WORSE
North
Dakota Average 1436 TRPs (13h)
Source CDCOSH
305
Knowledge of the Dangers of Tobacco
In North Dakota 657 of adults thought that breathing smoke from other peoples cigarettes or other tobacco products is very harmful to ones health in 2009-2010 Additionally 832 thought that cigarette smoking is very addictive
Secondhand Smoke
National
Average
656
WORSE
In North Dakota 657 of adults thought
__ secondhand smoke is very harmful The range
across all states was 721 to 559 North
Dakota ranked 17h
among the states
Source National Adult Tobacco Survey 2009-2010
Addictiveness of Smoking
National
Average
854
WORSE
In North Dakota 832 of adults thought that
smoking is very addictive The range across all states was
905 to 806 North __ Dakota ranked 45h among the states
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA
Enforce
State Allows Local Advertising and Promotion Laws State Allows Local Laws
As ofJune 30 2012 North Dakota allowed local regulation of tobacco industry promotions tobacco product sampling and display of tobacco products in commercial establishments
Promotion t Sampling I Display
Yes Yes Yes Source STATE System June 2012
Over-the-Counter Retail Licensure
As of June 30 2012 North Dakota required all establishments selling cigarettes and smokeless tobacco products over-the-counter to be licensed Nationally 37
states required over-the-counter licensure for cigarettes 29 of which also have a requirement for smokeless tobacco with various renewal frequencies fees and penalties for violations
Over-the-Counter Licensure and Penalties
Over-the- Minimum I Renewal I Penalty to Licensure Counter License License Fee Required I Business Includes _ Rqired _ _ (amp Frequelcy) _ Sruo_kes Toacc
$1500
Yes Yes
bull Annually Note Not all footnotes may be used bull Class A Misdemeanor Fine or Imprisonment or both Source STATE System June 2012
306
NORTH DAKOTA
Raise
Amount of Tobacco Product Excise Tax
As of June 302012 the excise tax on cigarettes in North Dakora was $044 per pack ranking 46h among the states The tax on cigars was 28 of the wholesale purchase price per cigar and for little cigars the tax was 28 of the wholesale purchase price per pack of 20 The tax on chewing tobacco was $0 I 6 per ounce with snuff taxed at $060 per ounce
Amount of Cigarette Excise Tax
National
Median
$1339
WORSE
As of June 30 2012
North Dakota had a
$044 cigarette excise tax-ranking 461h
among the states The range across states was
$435 to $017 per pack
Source STATE System June 2012
307
Price Paid for Last Cigarettes Purchased
In North Dakota 656 of adult smokers bought their last cigarettes by the pack and 344 bought them by the carton in 2009-2010 The average price that North Dakota smokers reported paying for their last pack of cigarettes was $433 in 2009-201 0 the range among states was $798 to $404 The average price that North Dakota smokers reponed paying for their last carton of cigarettes was $3561 in 2009-2010 the range among 45
states with valid data was $6445 to $3046
CAMPAIGN ov ToBACco-fREE
Kirk-middot
bull
ancer Action jii
N EW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVI NGS FROM A $100 CIGARETTE TAX I N C REASE I N NORTH DAKOTA
Cu rrent state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $1 048 per pack
Annual health care expenditu res in North Dakota directly caused by tobacco use $247 m illion S mokin g-caused state Med icaid program spending each year $47 mi l l ion
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $325 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase Percent decrease in youth smoking 154
-- -- -------------------------------------
Kids in North Dakota kept from becoming addicted adult smokers 6300 ------------------ --------------------------------------------------------------------------------
Current adult smokers in the state who would quit 5200 -----------------------------------------------------------------
Smoking-affected births avoided over next five years 900 -- -- --------
North Dakota residents saved from premature smoking-caused death 3400 ----middot-------------------- ------------------------------------------- middot --
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000 ------------ -----------------------------------
5- Year health care cost savings from fewer smoking-affected pregnancies amp births $213 mil l ion f-------------------------------------------------------------------------------------------------------------------------5- Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 mil l ion r------------------------------------------------------------------------------------------------------5- Year Medicaid program savings for the state $240000 ------------------------------------------------------------------------------------------------------- -----------
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 mil l ion 122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly diminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new reven ues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider all aspects of state tax pol icy related to OTPs (incl uding the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category linked to the state cigarette tax rate on a per-package or pe r-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoliciesltaxlus state local and httpwwwacscanorqltobaccopolicv
For more on sources and calculations see httpllwwwtobaccofreekidsorgresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Explanations amp Notes
Health care costs l isted at the top of the page are from the US Centers for Disease Control and Prevention
Projections a re based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the higher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggling and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion httptobaccofreekidsorgresearchfactsh eetspdf0274pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate i ncrease All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are limited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also limited because small tax i ncreases are unl ikely to produce significant public health benefits
Ongoing reductions in state smoking rates wil l over time gradually erode state cigarette tax revenues (in the absence of any new rate increases) But those declines are more predictable and less volatile than many other state revenue sources such as state income tax or corporate tax revenues (which can drop sharply during recessions) In addition the smoking declines that reduce tobacco tax revenues will simultaneously produce much larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdf0357pdf
For more on sources and calculations see httplwww tobaccofreekidsorqresearchlfactsheetslpdf028 1pdf
Needed State Efforts to P rotect State Tobacco Tax Revenues
Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qual ifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on all tobacco products to block tax evasion and promote tax equity No
High-tech tax stamps to stop counterfeiting and other smuggling and tax evasion No
Retailers lose license if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
North Dakota Tobacco Prevention and Control Executive Comm ittee
Center for Tobacco Prevention and Control Policy 4023 State Street Suite 65 bull Bismarck N D 58503-0638
Phone 70 1 328 5 1 30 middot Fax 701 328 5 1 35 middot Tol l Free 1 877277 5090
Testimony House Bil l 1 387
1 0 00 am Jan uary 29 20 1 3 House F inance and Taxation Comm ittee
Good morning Chairman Belter and members of the House Finance and Tax Committee I am Jeanne Prom executive director of the N D Center for Tobacco Prevention and Control Policy
I ncreasing the tobacco tax sig nificantly wil l lead to a decrease in tobacco use in our state Tobacco use is the leading cause of preventable disease and death and the tol l of tobacco u se in North Dakota is hig h
bull An n ual health care costs in North Dakota directly caused by smoking $247 mil l ion bull Portion paid by the state Medicaid prog ram annually $47 mil l ion bull N u mber of North Dakota adu lts who will die from smoking this year 800 bull High school students who smoke 7 400 (1 94) bull Male hig h school students who use smokeless or spit tobacco 22 2 bull Kids u nder 1 8 who become new daily smokers each year 600
The North Dakota Tobacco Prevention and Control Advisory Committee in its plan Saving Lives - Saving Money North Dakota s Comprehensive State Plan to Prevent and Control Tobacco Use cal ls for a sig nificant increase in al l tobacco taxes - to $2pack - to keep kids from starting and prompt users to quit As you can see on the attachments North Dakotas tobacco tax is one of the lowest in the country at 44 centspack This tax hasnt been increased since 1 993 The low tax resu lts in inexpensive tobacco that is affordable to youth and populations with l imited incomes and high smoking rates High tobacco taxes work most effectively to cut use among lower-income smokers and young male smokeless tobacco users - two g roups that suffer disproportionately from the harms of tobacco use
Tobacco use and its health hazards are completely preventable Raising the tobacco tax to $2pack with a comparable tax amou nt on other tobacco products can be expected to
bull Decrease youth smoking by 24 bull Reduce the number of kids from becoming addicted adult smokers by 9 900 bull Reduce the n umber of adults in the state who smoke by 8 200 bull Save the state mil l ions of dol lars in smoking-related health care costs over j ust 5 years
Please consider H B 1 387 with amendments to i ncrease the tobacco tax to $2pack with a comparable tax increase on al l other tobacco products
Thank you for your time and consideration I am happy to respond to any questions
The To bacco i n N o rth Da kota Updated Dec 5 2012
The Tol l of Tobacco in North Dakota
High school students who 1 94 (7400)
smoke middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot
Male high school stuents who 222
S SrlkS r Pt
t
Kids (under 1 8) who become 600
-middot- -IY S- X
Kids exposed to secondhand 42000
smoke at home Packs of cigarettes bought or
1 9 m il l ion lt9 Y i
------ Xr
Adu lts in North Dakota who smoke
21 9 ( 1 1 6 600)
Due to changes in CDCs methodology the 20 1 1 adult smoking rate cannot be
compared to adult smoking data from previous years
US National Data (201 1 )
i- -ltl flin
rt
Male h igh school students who 1 28
use smokeless tobacco
- n9 1 g(
Deaths i n North Da kota from Sm oking
Adults who die each year from th
k 800
e1r own smo mg
Kids now under 1 8 and alive in North Dakota who will ultimately 1 1 000 die prematurely from smoking
Smoking kil ls more people than alcohol AIDS car crashes i l legal drugs murders and suiCides combined - and thousands more die from other tobacco-related
causes - such as fires caused by smoking (more than 1 000 deathsyear nationwidr d smokeless tobacco use
Sm oking-Caused Monetary Costs in North Dakota
Annual health care costs in North Dakota directly caused by$247 m i ll ion
ltn
Portion covered by the state $47 m il l ion
-ii P9--
Residents state amp federal tax burden from srnoking-caused $574 per house hold
V-nt Pn i_
t
r
Smoking-caused productivity $ 1 92 m i l l ion
losses in North Dakota
Amounts do not include health costs caused by exposure to secondhand smoke smoking-caused fires smokeless tobacco use or cigar and pipe smoking Tobacco vse also imposes additional costs such as workplace productivity losses and damage to property
Tobacco Industry I nflue nce in North Dakota
Annual tobacco industry marketing expenditures nationwide
$85 bil l ion
Estimated portion spent for North Dakota marketing each $257 m il l ion
year
Published research studies have found that kids are twice as sensitive to tobacco advertising than adults and are more l ikely to be influenced to smoke by cigarette marketing than by peer pressure One-third of underage experimentation with smoking is attributable to tobacco company advertising
View sources of information
More detailed fact sheets on tobaccos toll in each state are avai lable by emailing factsheetstobaccofreekids org
CAMPAIGN middot ov
ToBA((o-fRpoundpound K ick
Guam $300 No Marianas Islands $1 75
MAP OF STATE CIGARETTE TAX RATES
Average State Cigarette Tax $1 48 per Pack
Average Cigarette Tax in M ajor Tobacco States 485 cents per Pack
Average Cigarette Tax in N on-Tobacco States $1 61 per Pack
TX $1 41
gt
$320 Puerto Rico $223
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate since 1 999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $ 1 00 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or h igher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages l i sted above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The major tobacco states with extensive tobacco farming and often cigarette manufacturin g are NC KY VA SC TN amp GA Federal cigarette tax is $1 01 per pack Not shown are the special taxes or fee s some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local g overnments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) N ew York City ($1 50) and Anchorage AK ($2206) The U S Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $ 1 047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn
For m o re information on state cigarette taxes and the benefits from increasing them see httpwwwtobaccofreekidsorgfacts issuesfact s h eetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1 400 I Street NW middot Suite 1 200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekid sorg
State Tax
Alabama $0425 Alaska $200 Arizona $200 Arkansas $1 1 5 California $087 Colorado $084 Connecticut $340 Delaware $1 60 DC $250 Florida $1 339 Georgia $037 Hawai i $320 Idaho $057 I l l inois $1 98
Indiana $0995 Iowa $ 1 36 Kansas $079 Kentucky $060
STATE CIGARETTE EXCISE TAX RATES amp RANKINGS
Overal l All States Average $1 48 per pack
Major Tobacco States Average 485 cents per pack Other States Average $1 61 per pack
Rank State Tax Rank State
47th Louisiana $036 49th Oklahoma 1 1 th Maine $200 1 1 th Oregon 1 1 th Maryland $200 1 1 th Pennsylvania 30th Massachusetts $251 9th Rhode Island 33rd Michigan $200 1 1 th South Carolina 34th Minnesota $1 23 28th South Dakota 3rd Mississippi $068 37th Tennessee
2 1 st Missouri $0 1 7 5 1 st Texas 1 0th Montana $1 70 1 7th Utah 26th Nebraska $064 38th Vermont 48th Nevada $080 35th Virginia 4th New Hampshire $ 1 68 1 9th Washington
42nd New Jersey $270 6th West Virgin ia 1 6th New Mexico $1 66 20th Wisconsin
32nd New York $435 1 st Wyoming 25th North Carolina $045 45th Puerto Rico 36th North Dakota $044 46th G uam 40th Ohio $ 1 25 27th Northern Marianas
Tax stamp Includes 75cent health 1mpact fee
Tax Rank
$1 03 3 1 st $1 1 8 29th $1 60 2 1 st $350 2nd $057 42nd $ 1 53 23rd $062 39th $1 41 24th $1 70 1 7th $262 7th $0 30 50th
$3025 5th $055 44th $2 52 8th $060 40th $223 NA $300 NA $1 75 NA
Table shows al l cigarette tax rates in effect now Since 2002 47 states DC and several US territories have increased their cigarette tax rates more than 1 05 times The three states in bold type have not increased their cigarette tax since 1 999 or earlier Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $1 00 per pack or higher 14 states DC and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $4 00 per pack Tobacco states are KY VA NC SC GA and TN States average includes DC but not Puerto Rico other U S territories or local cigarette taxes The median tax rate is $1 34 per pack AK M l MN MS UT also have special taxes or fees on brands of manufacturers not participating in the state tobacco lawsuit settlements (NPMs)
The highest combined state-local tax rate is $585 in New York City with Chicago IL second at $566 per pack Other high state-local rates include Evanston IL at $548 and Anchorage AK at $4206 per pack For more on local cigarette taxes see httptobaccofreekids orgresearchfactsheetspdf0267 pdf
Federal cigarette tax is $1 01 per pack From the beginning of 1 998 through 2002 the m ajor cigarette companies increased the prices they charge by more than $1 25 per pack (but also instituted aggressive retail-level discounting for competitive pu rposes and to reduce related consumption declines) In January 2003 Philip Morris instituted a 65-cent per pack price cut for four of its major brands to replace its retail-level discounting and fight sales losses to discount brands and R J Reynolds followed suit In the last several years the major cigarette companies have increased their product prices by almost $ 1 00 per pack The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs total $1047 per pack sold and consumed in the US The average price for a pack of cigarettes nationwide is roughly $600 (including statewide sales taxes but not local cigarette or sales taxes other than NYCs $1 50 per pack cigarette tax) with considerable state-to-state differences because of d ifferent state tax rates and different manufacturer wholesaler and retailer pricing and discounting practices AK DE MT NH amp OR have no state retai l sales tax at al l OK has a state sales tax but does not apply it to cigarettes MN amp DC apply a per-pack sales tax at the wholesale level and AL GA amp MO (unl ike the rest of the states) do not apply their state sales tax to that portion of retai l cigarette prices that represents the states cigarette excise tax
Campaign for Tobacco-Free Kids December 13 2012 I Ann Boonn
For additional i nformation see the Cam paigns website at httplwwwtobaccofreekidsorgwhat we dostate localtaxes
Sources Orzechowski amp Walker Tax Burden on Tobacco 201 1 media reports state revenue department websites
middot Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change ih the actual excise tax rates just the way that the rates are listed
1 400 I Street NW - Suite 1 200 - Washington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
CAMPAIGN kJI TOigtAltpound0-fRpoundpound
K ick
NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $156 CIGARETTE TAX INCREASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $ 1 048 per pack
Annual health care expend itures in North Dakota directly caused by tobacco use $247 m ill ion Smoking-caused state Med icaid program spending each year $47 m il lion
New Annual Revenue from Increasing the Cigarette Tax Rate by $156 Per Pack $4109 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate I nc rease
Percent decrease in youth smoking 240 Kids in North Dakota kept from becoming addicted adult smokers 9900 Current adult smokers in the state who would quit 800 Smoking-affected births avoided over next five years 1 500 North Dakota residents saved from premature smoking-caused death 5400 5-Year health care cost savings from fewer smoking-caused lung cancer cases $1 26 million
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $333 mill ion
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $233 mill ion
5-Year Medicaid program savings for the state $380000 Long-term health care cost savings in the state from adult amp youth smoking declines $35066 mil l ion
122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years wi l l similarly diminish or el iminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider al l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $2 00 per pack cigarette tax the states new OTP tax rate should be at least 60 of the wholesale price with m inimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoiciesltaxlus state local and httpllwwwacscanorqltobaccopoicy
For m ore on sources and calculations see httpllwwwtobaccofreekidsorglresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer A ction Network Melissa Maitin-Shepard
Explanations amp Notes Health care costs l isted at the top of the page are from the US Centers for Disease Control and P revention
Projections are based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the h igher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggl ing and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion http 1tobaccofreekids orgresearchfactsheetspdf027 4 pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate increase All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are l imited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also l imited because small tax increases are unl ikely to produce significant public health benefits
Ongoing red uctions in state smoking rates will over time gradually erode state cigarette tax revenues (in the absence of any new rate i ncreases) But those declines are more predictable and less volatile than many other state revenue sources such as state i ncome tax or corporate tax revenues (which can drop sharply during recessions) I n addition the smoking declines that reduce tobacco tax revenues will sim ultaneously produce m uch larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdfl0357 pdf
For more on sources and calculations see httpllwww tobaccofreekidsorqlresearchlfactsheetspdf0281 pdf
Needed State Efforts to Protect State Tobacco Tax Revenues Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qualifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on al l tobacco products to block tax evasion and promote tax equity No
H ig h-tech tax stamps to stop counterfeiting and other smuggl ing and tax evasion No
Retailers lose l icense if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
Testimony of Bill Shalhoob
Greater North Dakota Chamber of Commerce HB 1 3 87
January 29 20 1 3
Greater North Dakota Chamber
Mr Chairman and members of the committee My name is Bill Shalhoob and I am here today representing the Greater North Dakota Chamber of Commerce the champions for business in North Dakota GNDC is working to build the strongest business environment possible through its more than 1 1 00 business members as well as partnerships and coalitions with local chambers of commerce from across the state GNDC also represents the National Association of
Manufacturers and works closely with the US Chamber of Commerce As a group we stand in opposition to HB 1d urge a do not pass from your committee on the bill
nn GNDC has a long history of opposing excise taxes which we believe are onerous and unfair
We have a difficult time understanding this bill and the tax increase from 1 7 mills to 45 mills a
1 65 raise according to our math proposed in it North Dakota certainly does not need the
additional revenue that might come from this tax increase Our focus in this session is on tax decreases not increases If we are trying to do social engineering that is to discourage the practice the tax code is a poor place to do it If the goal is to eliminate smoking introduce a bil l prohibiting the sale or use of tobacco products in the state As witnessed by our experience with Minnesota increasing their cigarette tax with a health fee all we do is drive sales to a lower priced location by passing this bil l We see no acceptable reason to enact this tax
Thank you for the opportunity to appear before you today in opposition to HB 1 3 87 I would be happy to answer any questions
Champions Business
PO Box 2639 P 701middot222-0929 Bismarck NO 58502 F 701-222-1611
wwwndcharnbercorn
w - -I --------
North Dakota Retai l Association NO Petroleum Marketers Association
North Dakota Propane Gas Association
---- LEG S LAT VE BU LLET N Testimony- HB 1387
January 29 2013- House Finance and Tax Committee
Chairman Belter and Members of the House Finance and Tax Committee
We know any type of tax tends to put the squeeze on consumer spending potentially strain
household budgets and curb retail sales Which is exactly why the North Dakota Petroleum
Marketers Association and its 400 members from across the state are asking you to vote
NO on HB 1387
Passage of HB 1387 will burden North Dakotas lower Income Earners Cigarette
excise taxes are regressive in nature B ased on data from the Center for
Disease Control roughly 30 of adults in North Dakota who earn less than
$ 15000 are smokers whereas only 160 of adults who earn $50000 or
more are smokers Raising taxes will further unfairly burden low-income
earners
Passage of HB 1387 will harm the retail sector as well
Increasing the excise tax could hurt legitimate retailers when
adult smokers shift purchases to other outlets such as the internet This
would negatively affect North Dakota s 1 300 retailers
Even more pressing is the fear Passage of HB 1387 could increase illegal cigarette trafficking
An excise tax increase could provide incentives for smuggling and other
contraband activities resulting in lost revenues According to the Bureau of
1 02 5 North 3rd Street bull PO Box 1 9 5 6 bull Bismarck NO 58502 bull 701 -223-3370 bull Fax 7 0 1 -223-5004 Web Address ndretailorg bull ndpetroleumorg bull ndpropaneorg
Alcohol Tobacco Firearms and Explosives cigarette smuggling has
turned into a lucrative business for criminals who trade cigarettes and other
tobacco products on the black market Nationally its estimated $5 billion in
tax revenue annually is lost on the black market
For all of these reasons NDPMA is asking for a NO vote on HB 1387
Thank you for your time and consideration
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote
Secondly I hate to see people many of whom are addicted suffer needlessly have years cut off their lives their family broken by emphysema heart disease cancer and early death And finally to my economic concern The 186 of North Dakotans who smoke are responsible for $24 7 million a year in health care expenditures That cost is passed on to the rest of us in the form of higher insurance premiums higher Medicaid costs and higher hospital uncollectables Reduction in the number of smokers means a reduction in health care premiums for the rest of us
A December 30 2010 Fargo Forum editorial summed up the case for raising taxes on cigarettes In concert with public smoking bans cessation programs and antishysmoking campaigns higher tobacco taxes are an important tool to persuade smokers to snuff out the habit--or better yet convince teens never to start
Research shows higher taxes pay public dividends A 10 increase in the real price of cigarettes will reduce adult smoking by 2 and cut teen smoking by
roughly 7 That would make a difference in North Dakota where tobacco use rates are high 22 of students in grade nine smoke Thats alarmingly high and greater than the percentage of adults which is 18
Make no mistake taxpayers pay for smokers Medicaid costs for smoking- related illnesses are estimated at $47 million a year Factor in lost productivity--$192 million a year--and all direct medical expenditures--$250 million a year-- and the cost of cigarettes adds up to roughly $700 a year per person
I said at the beginning that the purpose of this increase in cigarette taxes was not to raise revenues But it will bring in somewhere around $32 million next biennium As the bill stands now that money would simply go into the General Fund But I could see the money being targeted for instance it could help pay for Medicaid costs related to smoking or it could provide $4000 college scholarships to 4000 needy students or to high achieving students in STEM fields Or it could be split among North Dakota hospitals to help pay for uncompensated care losses especially in the west Should the committee have any interest in the bill I would cetiainly be open to an amendment targeting the increased funds to any purpose committee members thought appropriate
I hope the committee will add one more tool to help addicted people kick this habit and compensate the state for the large medical costs created by smoking
bull
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NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $100 C IGARETTE TAX INC REASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $10 48 per pack
Annual health care expenditures in North Dakota directly caused by tobacco use $247 million Smoking-caused state Medicaid program spending each year $47 million
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $3235 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase
Percent decrease in youth smoking 154
Kids in North Dakota kept from becoming addicted adult smokers 6300
Current adult smokers in the state who would quit 5200
Smoking-affected births avoided over next five years 900
North Dakota residents saved from premature smoking-caused death 3400
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $213 million
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 million
5-Year Medicaid program savings for the state $240000
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 million
122112 TFKI January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly d iminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products I t is important to consider a l l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $ 1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorglfacts issuesfact sheetslpoliciesltaxlus state local and httpllwwwacscanorgltobaccopolicv
For more on sources and calculations see httpwwwtobaccofreekidsorqresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Guam $300 No Marianas Islands $175
MAP O F STATE C IGARETTE TAX RATES
Average State Cigarette Tax $148 per Pack Average Cigarette Tax in Major Tobacco States 485 cents per Pack
Average Cigarette Tax in Non-Tobacco States $161 per Pack
0 HI $320 Puerto Rico $223 I
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate
since 1999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam
have cigarette tax rates of $100 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages listed above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The
major tobacco states with extensive tobacco farming and often cigarette manufacturing are NC KY VA SC TN amp GA Federal cigarette tax is $101 per pack Not shown are the special taxes or fees some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local governments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) New York City ($150) and Anchorage AK ($2206) The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $1047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn For more information on state cigarette taxes and the benefits from increasing them see
httpwwwtobaccofreekidsorgfacts issuesfact sheetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1400 I Street NW middot Suite 1200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
I i I I I I I I I I i I I I I I I I I II I I I I I I -- - 1 I O i I lt_ H I fi 61
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From Dr Eric L Johnson MD Grand Forks ND
President
Tobacco Free North Dakota
Associate Professor
Department of Family and Community Medicine
UNDSMHS
Director lnterprofessional Education
UNDSMHS
Medical Director
Physician Assistant Program
UNDSMHS
Assistant Medical Director
Altru Diabetes Center
FMC-Aitru Health System
Assistant Medical Director
Valley Memorial Homes
Although Im unable to appear in person Id like to offer information regarding tobacco
specifically cigarette taxation and its specific relationship to reducing youth smoking I have
actively been involved in tobacco related issues since beginning my association with NDQuits
formerly known as the North Dakota Tobacco Quitline
We are fortunate to have up to date quality information to support this effort in reducing
smoking among youth in North Dakota Here is the current state of tobacco use among youth
in our state
Cigarette Use
bull 44 ever tried cigarette smoking (1)
bull 19 smoked cigarettes on at least 1 day during the 30 days before the survey
bull 8 smoked cigarettes on 20 or more days during the 30 days before the survey
bull 47 did not try to quit smoking cigarettes (2)
Other Tobacco Use
bull 14 used chewing tobacco snuff or dip on at least 1 day during the 30 days before the
survey
bull 13 smoked cigars cigarillos or little cigars on at least 1 day during the 30 days before the
survey
Any Tobacco Use
bull 28 smoked cigarettes smoked cigars cigarillos or little cigars or used chewing tobacco
snuff or dip on at least 1 day during the 30 days before the survey
The current data support 2 ways to reduce youth smoking One is instituting smoke free laws
North Dakota voters strongly supported this in the election in November 2012 passing North
Dakotas new smoke-free law by a margin of 2 to 1 with every county and legislative district
voting in favor so its pretty clear this is what the people of North Dakota wanted Although
these laws are primarily designed to reduce the infliction of injury on others from secondhand
smoke smoke-free laws do tend to reduce youth smoking
The other way to reduce youth smoking is to increase taxes per pack of cigarettes
In a newly published study in the prestigious American Journal of Public Health doubling the
price of cigarettes decreased youth smoking by 13 which was the most effective way to cut
smoking in this population Its also estimated that in total in the states that increased tobacco
taxes during the study period resulted in 220000 fewer youth smokers
Other established previously published studies showed other benefits from increasing tobacco
taxes
bull Every 10 percent increase in the real price of cigarettes reduces overall cigarette
consumption by approximately three to five percent reduces the number
of young-adult smokers by 35 percent and reduces the number of kids who smoke by
six or seven percent
bull Cigarette price and tax increases work even more effectively to reduce smoking among
males Blacks Hispanics and lower-income smokers
bull A cigarette tax increase that raises prices by ten percent will reduce smoking among
pregnant women by seven percent saving many newborns from suffering from
smoking-affected births and related health consequences
bull Many states note increase in access to quit services such as what North Dakota has with
NDQuits when tobacco taxes increase Wisconsin and Iowa have notable data in this
area- for example Wisconsin went from about 9000 calls a month to 20000 in a month
after a new cigarette tax In Washington the number of smokers decreased by 100000
after their tobacco tax increase
Now I think many would say that North Dakota doesnt need another taxation revenue stream
and we are fortunate in North Dakota in that regard As well the people of North Dakota have
historically supported tobacco prevention funding- for example the well-known so called
Measure 3 of 2008 Currently North Dakota ranks very low in tobacco tax- we are ranked
46th with a state tax of 44 cents per pack The highest tobacco tax state is New York at $435
per pack The overall average is $128 Some may say that tobacco taxes pay for themselves
with health care but its estimated that each pack of cigarettes generates about $10 in health
care costs
Tobacco use itself remains a very expensive problem for North Dakota with an estimated $247
million spent annually on the treatment of tobacco related diseases Cutting down youth
smoking as well as smoking in other groups as noted has the potential to reduce these costs in
the future
Thank you for your time today and I would be happy to answer any other questions regarding
this or other tobacco related diseases or prevention My contact information can be provided
upon request References are provided as well
httpwwwtobaccofreekidsorgresearchfactsheetspdf0097pdf
httpwww n d health gov tobaccoFacts htm
httpwwwtobaccofreekidsorgresearchfactsheetspdf0146pdf
httpwwwcdcgovhealthyyouthyrbspdftobaccond tobacco combopdf
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use
(J amp bull Centers for Disease Control and Prevention ImiddotJj lldraquoA COC 247 Soving Lives Protecting Peopler-
Tobacco Control State Highlights 2012
Abstract
bull Highlights 2012 Abstract bull Highlights 2012 Cby section)
(tobaccodata statisticsstate datastate highlights2012sectionsindexhtm)
bull Highlights 2012 Buttons (tobaccobuttonsstate highlightsindexhtm)
bull Highlights 2012 Download
Page 1 of3 (
(tobaccodata statisticsstate datastate highlights2012zip fileshighlightszip) (Zip-163 MB)
bull Highlights 2012 Factsheet (tobaccodata statisticsstate datastate highlights2012pdfsfactsheetpdf) (PDF-so KB)
bull STATE System Interactive Maps (tobaccodata statisticsstate datastate highlights2012statesystemindexhtm)
Tobacco Control State Highlights 2012
Tobacco use is the single most preventable cause of death in the United States Each year in
the United States cigarette smoking and exposure to secondhand smoke causes 443000-or 1
in 5 deaths Economic losses are also staggering Smoking-caused diseases result in $96 billion
in health care costs annually
httnmiddotumm lrll anvtnhccnrlata statisticsstate datastate highlights2012indexhtm 1282013
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use Page 2 of3 V-
Some states have significantly improved the health of their citizens by reducing smoking rates
thereby decreasing smoking-related diseases deaths and health care costs Even in
economically challenging times states can make a significant difference in public health by
employing high-impact cost-effective tobacco control and prevention strategies as laid out in
the World Health Organizations MPOWER strategic package of interventions proven to
reduce tobacco use prevalence including
bull Monitor tobacco use and prevention policies bull Protect people from tobacco smoke bull Offer help to quit tobacco use bull Warn people about the dangers of tobacco bull Enforce bans on tobacco advertising promotion and sponsorship bull Raise state cigarette taxes on tobacco
Tobacco Control State Highlights 2012 guides states in developing and implementing highshy
impact strategies and assessing their performance This report also provides state-specific data
intended to-
1 Highlight how some states are making great strides in reducing smoking rates using evidence-based strategies while also showing that more work needs to be done in other states
2 Enable readers to see how their own states perform 3 Help policymakers with decision making
Post and share 2012 Tobacco Control State Highlights Buttons (tobaccobuttonsstate highlightsjindexhtm)
Interested in posting this syndicated content on your Web site
See the 1ist of Smoking and Tobacco Use syndicated pages Chttptoolscdcgovsyndicationpagesaspx
mediaCo11ectionld=s) find the page and select the Add to List link next to it
Related Archived Link I
bull Tobacco Control State Highlights 2010 (tobaccodata statisticsstate datastate highlights2010indexhtm) - --
htt I lnrnrm rJ anvtnhJrroclata statisticsstate datastate highlights20 12indexhtm 1282013
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use Page3 of3
Persons with disabilities who experience problems accessing the 2012 Tobacco Control
State Highlights should contact tobaccoinfocdcgov (mailtotobaccoinfocdcgov) or call1
-Soo-CDC-INFO (1-800-232-4636)
Page last reviewed January 24 2013 Page last updated January 24 2013 Content source Office on Smoking and Health National Center for Chronic Disease Prevention and Health Promotion
Centers for Disease Control and Prevention 1600 Clifton Rd Atlanta GA 30333 USA 8oo-CDC-INFO (800-232-4636) TTY (888) 232-6348- Contact CDC-INFO
11ttnwwwcdc 1mvtobaccodata statisticsstate datastate_ highlights2012indexhtm 12820 13
NORTH DAKOTA
Monitor
Adult Current CigaretteSmokeless Tobacco Use
In North Dakota the percentage of adults (ages 18+)
who currently smoke cigarettes was 219 in 2011
Across all states and DC the prevalence of cigarette smoking among adults ranged from 118 to 290
North Dakota ranked 30 among the states
The percentage of adults who currently use smoke-less tobacco was 76 in 2011 Across all states and DC the prevalence ranged from 14 to 98 North Dakota ranked 49 among the states
Current Cigarette and Smokeless Tobacco Use among Adults by Demographic Characteristics
National (median)
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
Less than high school degree
High school degree
More than high school degree
18-24 years old
25-44 years old
45-64 years old
65+ years old
bull Cigarettes
0 10 20
bullbullbull Sample size lt50
ml Smokeless Tobacco
30 40 Percent
50 60 70 80
Source Behavioral Risk Factor Surveillance System 2011
300
NORTH DAKOTA Youth Current CigaretteSmokeless TobaccoCigar Use
In North Dakota the percentage of youth in grades 9-12
who currently smoke cigarettes was 194 in 20 11 The range across 44 states was 59 to 241 North Dakota ranked 34h among 44 states
The percentage of youth who currently use smokeless tobacco was 136 in 2011 The range across 40 states was 35 to 169 North Dakota ranked 36h among 40 states
The percentage of youth who currently smoke cigars was 135 in 201 1 The range across 37 states was 50 to 183 North Dakota ranked 17h among 37 states
The percentage of youth who currently use tobacco (ie cigarettes smokeless tobacco andor cigars) was 283 in 2011 The range across 36 states was 78 to 319 North Dakota ranked 30h among 36 states
Tobacco Use among High School Students by Demographic Characteristics
bull Cigarettes
National
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
9th grade
1Oth grade
11th grade
12th grade
IE Smokeless Tobacco bull Cigars
0 10 20 30 Percent
Cigarettes smokeless tobacco andor cigars Sample size lt100
301
liil Tobacco
40 50 60 70
Source Youth Risk Behavior Survey 2011
NORTH DAKOTA Past-Year Cigarette Initiation
In 2008-2009 of all North Dakota youth ages 12-17
who had never smoked 66 smoked a cigarette for the first time in the past year This ranked 37 in the nation with a range of 33-92 among the states
Of all young adults ages 18-25 who had never smoked 147 smoked a cigarette for the first time in 2008-
2009 This ranked 51 in the nation with a range of 42-147 among the states
Past-Year Cigarette Initiates among Persons Aged 12-25 by Age of First Use 2002-2009
ltfJ c Ql v Ql c
25
20
15
10
5
0
__ Total Initiates -11- Initiates aged 12-17 --+-- Initiates aged 1 8-25
2002-2003 2004-2005 2006-2007 2008-2009
Year Source National Survey on Drug Use and Health 2002-2009
302
NORTH DAKOTA
Protect
Adult Exposure to Secondhand Smoke
Among all adults the percentage who reported being exposed to secondhand smoke within the past 7 days was lower in North Dakota than
Exposure to Secondhand Smoke
in the nation overall In 2009-2010 overall exposure to secondhand smoke in North Dakota was 450 ranking 1 8 among the states
I I I I Overall Workplaces i Homes 1 Vehicles Public Places I I
450
Adults were exposed to secondhand smoke in various locations The table shows the percentage of North Dakota adults who reported any exposure as well as exposure in their home in a vehicle or in indoor or outdoor areas at work or public places in the past 7 days
c Ql
100
Secondhand Smoke Exposure and Opinions about Smoking
in the Workplace bull National bull North Dakota
80
60 Ql a
Adults Reporting Being
Exposed to Secondhand
Smoke (overall)
Adults Who Think
Smoking Should Never be
Allowed in the Workplace
Source National Adult Tobacco Survey 2009-2010
Opinions about Smoking in the Workplace
In 2009-2010 778 of adults in North Dakota thought that smoking should never be allowed in indoor workplaces ranking 30 among the states
303
180 81 150 324 Source National Adult Tobacco Survey 2009-201 0
Smoke-Free Home Rules
In 2009-2010 836 of adults in North Dakota reported that their homes had smoke-free home rules ranking 18 among the states The percentage of homes without smoke-free home rules with children living in them was 284 ranking 11 among the states
Smoke-Free Home Rules and Homes without Rules that have Children
c Ql v Ql a
100
bull National
SmokemiddotFree Home
Rules
bull North Dakota
Homes without Rules
that have Children
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA State Smoke-Free Policy
As ofJune 30 2012 North Dakota had a smokeshyfree law that prohibits smoking in indoor areas of workplaces but not restaurants or bars The state allowed communities to enact local smoke-free laws
Note See Appendix B for updated legislation rhar rakes effect afrer June 30 2012
Offer
Adults Who Made a Quit Attempt in the Last Year
During 2009-2010 552 of North Dakota adult smokers made a quit attempt in the past year ranking 22d among the states
National
Percentage of Smokers Attempting to Quit
WORSE
In North Dakota
552 of adults made a quit attempt
ranking 22d
Source National Adult Tobacco Survey 2009-2010
Quitline Utilization
In 2010 the North Dakota quidine received 7478
calls and 1 342 tobacco users (an estimated 12 of all tobacco users in the state) received telephone counseling cessation medications or both from the state qui dine
Smoke-Free Legislation
I I Local Laws Workplaces Restaurants l Bars Permitted
Yes
I I
No No Yes Designated Smoking Areas t Ventilated Smoking Areas
bull Allowed for nonshyhospitality workplaces
1 Prohibited ror nonshyhospitJiity workplaces
t No Restrictions Allowed smoking in venues that prohibit minors
Note Not all footnotes may be used Source STATE System June 2012
304
Medicaid Coverage for Counseling and Medications
In 2010 North Dakotas Medicaid program provided incomplete coverage through Medicaid for tobaccoshydependence treatment North Dakota provided full coverage for some nicotine replacement therapies full coverage for varenicline full coverage for bupropion and no coverage for counseling (individual or group)
Medicaid Coverage for Counseling and Medications
Comprehensive Coverage
No
I Counseling NRT
Ms (On
1e or 1 Varenicline Jl Bupropion (Individual
ore andor Group)
Yes Yes Yes No
Pregnant women only t Fee-for-service only
Available only via the quitline
Note Not all footnotes may be used Source Halpinet a 2011
NORTH DAKOTA
Warn
Tobacco Counter-Marketing Media Intensity
CDC Best Practices recommendations translate into an average quarterly exposure of 1200 general audience gross raring points (GRPs) and 800 youth target raring points (TRPs) in effective anti-tobacco media campaigns North Dakota had an average of 10356 general audience GRPs and 1436 youth TRPs per quarter in television advertising supporting tobacco control messages in 2010
Anti-Tobacco Media Campaign Intensity G RPs Per Quarter
National
Median
2427 GRPs
General Audience
WORSE
North Dakota
Average 10356
GRPs (101h)
Source CDCOSH
Anti-Tobacco Media Campaign Intensity T RPs Per Quarter
National
Median
3 97TRPs
Youth (12-17Years)
WORSE
North
Dakota Average 1436 TRPs (13h)
Source CDCOSH
305
Knowledge of the Dangers of Tobacco
In North Dakota 657 of adults thought that breathing smoke from other peoples cigarettes or other tobacco products is very harmful to ones health in 2009-2010 Additionally 832 thought that cigarette smoking is very addictive
Secondhand Smoke
National
Average
656
WORSE
In North Dakota 657 of adults thought
__ secondhand smoke is very harmful The range
across all states was 721 to 559 North
Dakota ranked 17h
among the states
Source National Adult Tobacco Survey 2009-2010
Addictiveness of Smoking
National
Average
854
WORSE
In North Dakota 832 of adults thought that
smoking is very addictive The range across all states was
905 to 806 North __ Dakota ranked 45h among the states
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA
Enforce
State Allows Local Advertising and Promotion Laws State Allows Local Laws
As ofJune 30 2012 North Dakota allowed local regulation of tobacco industry promotions tobacco product sampling and display of tobacco products in commercial establishments
Promotion t Sampling I Display
Yes Yes Yes Source STATE System June 2012
Over-the-Counter Retail Licensure
As of June 30 2012 North Dakota required all establishments selling cigarettes and smokeless tobacco products over-the-counter to be licensed Nationally 37
states required over-the-counter licensure for cigarettes 29 of which also have a requirement for smokeless tobacco with various renewal frequencies fees and penalties for violations
Over-the-Counter Licensure and Penalties
Over-the- Minimum I Renewal I Penalty to Licensure Counter License License Fee Required I Business Includes _ Rqired _ _ (amp Frequelcy) _ Sruo_kes Toacc
$1500
Yes Yes
bull Annually Note Not all footnotes may be used bull Class A Misdemeanor Fine or Imprisonment or both Source STATE System June 2012
306
NORTH DAKOTA
Raise
Amount of Tobacco Product Excise Tax
As of June 302012 the excise tax on cigarettes in North Dakora was $044 per pack ranking 46h among the states The tax on cigars was 28 of the wholesale purchase price per cigar and for little cigars the tax was 28 of the wholesale purchase price per pack of 20 The tax on chewing tobacco was $0 I 6 per ounce with snuff taxed at $060 per ounce
Amount of Cigarette Excise Tax
National
Median
$1339
WORSE
As of June 30 2012
North Dakota had a
$044 cigarette excise tax-ranking 461h
among the states The range across states was
$435 to $017 per pack
Source STATE System June 2012
307
Price Paid for Last Cigarettes Purchased
In North Dakota 656 of adult smokers bought their last cigarettes by the pack and 344 bought them by the carton in 2009-2010 The average price that North Dakota smokers reported paying for their last pack of cigarettes was $433 in 2009-201 0 the range among states was $798 to $404 The average price that North Dakota smokers reponed paying for their last carton of cigarettes was $3561 in 2009-2010 the range among 45
states with valid data was $6445 to $3046
CAMPAIGN ov ToBACco-fREE
Kirk-middot
bull
ancer Action jii
N EW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVI NGS FROM A $100 CIGARETTE TAX I N C REASE I N NORTH DAKOTA
Cu rrent state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $1 048 per pack
Annual health care expenditu res in North Dakota directly caused by tobacco use $247 m illion S mokin g-caused state Med icaid program spending each year $47 mi l l ion
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $325 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase Percent decrease in youth smoking 154
-- -- -------------------------------------
Kids in North Dakota kept from becoming addicted adult smokers 6300 ------------------ --------------------------------------------------------------------------------
Current adult smokers in the state who would quit 5200 -----------------------------------------------------------------
Smoking-affected births avoided over next five years 900 -- -- --------
North Dakota residents saved from premature smoking-caused death 3400 ----middot-------------------- ------------------------------------------- middot --
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000 ------------ -----------------------------------
5- Year health care cost savings from fewer smoking-affected pregnancies amp births $213 mil l ion f-------------------------------------------------------------------------------------------------------------------------5- Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 mil l ion r------------------------------------------------------------------------------------------------------5- Year Medicaid program savings for the state $240000 ------------------------------------------------------------------------------------------------------- -----------
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 mil l ion 122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly diminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new reven ues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider all aspects of state tax pol icy related to OTPs (incl uding the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category linked to the state cigarette tax rate on a per-package or pe r-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoliciesltaxlus state local and httpwwwacscanorqltobaccopolicv
For more on sources and calculations see httpllwwwtobaccofreekidsorgresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Explanations amp Notes
Health care costs l isted at the top of the page are from the US Centers for Disease Control and Prevention
Projections a re based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the higher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggling and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion httptobaccofreekidsorgresearchfactsh eetspdf0274pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate i ncrease All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are limited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also limited because small tax i ncreases are unl ikely to produce significant public health benefits
Ongoing reductions in state smoking rates wil l over time gradually erode state cigarette tax revenues (in the absence of any new rate increases) But those declines are more predictable and less volatile than many other state revenue sources such as state income tax or corporate tax revenues (which can drop sharply during recessions) In addition the smoking declines that reduce tobacco tax revenues will simultaneously produce much larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdf0357pdf
For more on sources and calculations see httplwww tobaccofreekidsorqresearchlfactsheetslpdf028 1pdf
Needed State Efforts to P rotect State Tobacco Tax Revenues
Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qual ifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on all tobacco products to block tax evasion and promote tax equity No
High-tech tax stamps to stop counterfeiting and other smuggling and tax evasion No
Retailers lose license if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
North Dakota Tobacco Prevention and Control Executive Comm ittee
Center for Tobacco Prevention and Control Policy 4023 State Street Suite 65 bull Bismarck N D 58503-0638
Phone 70 1 328 5 1 30 middot Fax 701 328 5 1 35 middot Tol l Free 1 877277 5090
Testimony House Bil l 1 387
1 0 00 am Jan uary 29 20 1 3 House F inance and Taxation Comm ittee
Good morning Chairman Belter and members of the House Finance and Tax Committee I am Jeanne Prom executive director of the N D Center for Tobacco Prevention and Control Policy
I ncreasing the tobacco tax sig nificantly wil l lead to a decrease in tobacco use in our state Tobacco use is the leading cause of preventable disease and death and the tol l of tobacco u se in North Dakota is hig h
bull An n ual health care costs in North Dakota directly caused by smoking $247 mil l ion bull Portion paid by the state Medicaid prog ram annually $47 mil l ion bull N u mber of North Dakota adu lts who will die from smoking this year 800 bull High school students who smoke 7 400 (1 94) bull Male hig h school students who use smokeless or spit tobacco 22 2 bull Kids u nder 1 8 who become new daily smokers each year 600
The North Dakota Tobacco Prevention and Control Advisory Committee in its plan Saving Lives - Saving Money North Dakota s Comprehensive State Plan to Prevent and Control Tobacco Use cal ls for a sig nificant increase in al l tobacco taxes - to $2pack - to keep kids from starting and prompt users to quit As you can see on the attachments North Dakotas tobacco tax is one of the lowest in the country at 44 centspack This tax hasnt been increased since 1 993 The low tax resu lts in inexpensive tobacco that is affordable to youth and populations with l imited incomes and high smoking rates High tobacco taxes work most effectively to cut use among lower-income smokers and young male smokeless tobacco users - two g roups that suffer disproportionately from the harms of tobacco use
Tobacco use and its health hazards are completely preventable Raising the tobacco tax to $2pack with a comparable tax amou nt on other tobacco products can be expected to
bull Decrease youth smoking by 24 bull Reduce the number of kids from becoming addicted adult smokers by 9 900 bull Reduce the n umber of adults in the state who smoke by 8 200 bull Save the state mil l ions of dol lars in smoking-related health care costs over j ust 5 years
Please consider H B 1 387 with amendments to i ncrease the tobacco tax to $2pack with a comparable tax increase on al l other tobacco products
Thank you for your time and consideration I am happy to respond to any questions
The To bacco i n N o rth Da kota Updated Dec 5 2012
The Tol l of Tobacco in North Dakota
High school students who 1 94 (7400)
smoke middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot
Male high school stuents who 222
S SrlkS r Pt
t
Kids (under 1 8) who become 600
-middot- -IY S- X
Kids exposed to secondhand 42000
smoke at home Packs of cigarettes bought or
1 9 m il l ion lt9 Y i
------ Xr
Adu lts in North Dakota who smoke
21 9 ( 1 1 6 600)
Due to changes in CDCs methodology the 20 1 1 adult smoking rate cannot be
compared to adult smoking data from previous years
US National Data (201 1 )
i- -ltl flin
rt
Male h igh school students who 1 28
use smokeless tobacco
- n9 1 g(
Deaths i n North Da kota from Sm oking
Adults who die each year from th
k 800
e1r own smo mg
Kids now under 1 8 and alive in North Dakota who will ultimately 1 1 000 die prematurely from smoking
Smoking kil ls more people than alcohol AIDS car crashes i l legal drugs murders and suiCides combined - and thousands more die from other tobacco-related
causes - such as fires caused by smoking (more than 1 000 deathsyear nationwidr d smokeless tobacco use
Sm oking-Caused Monetary Costs in North Dakota
Annual health care costs in North Dakota directly caused by$247 m i ll ion
ltn
Portion covered by the state $47 m il l ion
-ii P9--
Residents state amp federal tax burden from srnoking-caused $574 per house hold
V-nt Pn i_
t
r
Smoking-caused productivity $ 1 92 m i l l ion
losses in North Dakota
Amounts do not include health costs caused by exposure to secondhand smoke smoking-caused fires smokeless tobacco use or cigar and pipe smoking Tobacco vse also imposes additional costs such as workplace productivity losses and damage to property
Tobacco Industry I nflue nce in North Dakota
Annual tobacco industry marketing expenditures nationwide
$85 bil l ion
Estimated portion spent for North Dakota marketing each $257 m il l ion
year
Published research studies have found that kids are twice as sensitive to tobacco advertising than adults and are more l ikely to be influenced to smoke by cigarette marketing than by peer pressure One-third of underage experimentation with smoking is attributable to tobacco company advertising
View sources of information
More detailed fact sheets on tobaccos toll in each state are avai lable by emailing factsheetstobaccofreekids org
CAMPAIGN middot ov
ToBA((o-fRpoundpound K ick
Guam $300 No Marianas Islands $1 75
MAP OF STATE CIGARETTE TAX RATES
Average State Cigarette Tax $1 48 per Pack
Average Cigarette Tax in M ajor Tobacco States 485 cents per Pack
Average Cigarette Tax in N on-Tobacco States $1 61 per Pack
TX $1 41
gt
$320 Puerto Rico $223
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate since 1 999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $ 1 00 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or h igher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages l i sted above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The major tobacco states with extensive tobacco farming and often cigarette manufacturin g are NC KY VA SC TN amp GA Federal cigarette tax is $1 01 per pack Not shown are the special taxes or fee s some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local g overnments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) N ew York City ($1 50) and Anchorage AK ($2206) The U S Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $ 1 047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn
For m o re information on state cigarette taxes and the benefits from increasing them see httpwwwtobaccofreekidsorgfacts issuesfact s h eetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1 400 I Street NW middot Suite 1 200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekid sorg
State Tax
Alabama $0425 Alaska $200 Arizona $200 Arkansas $1 1 5 California $087 Colorado $084 Connecticut $340 Delaware $1 60 DC $250 Florida $1 339 Georgia $037 Hawai i $320 Idaho $057 I l l inois $1 98
Indiana $0995 Iowa $ 1 36 Kansas $079 Kentucky $060
STATE CIGARETTE EXCISE TAX RATES amp RANKINGS
Overal l All States Average $1 48 per pack
Major Tobacco States Average 485 cents per pack Other States Average $1 61 per pack
Rank State Tax Rank State
47th Louisiana $036 49th Oklahoma 1 1 th Maine $200 1 1 th Oregon 1 1 th Maryland $200 1 1 th Pennsylvania 30th Massachusetts $251 9th Rhode Island 33rd Michigan $200 1 1 th South Carolina 34th Minnesota $1 23 28th South Dakota 3rd Mississippi $068 37th Tennessee
2 1 st Missouri $0 1 7 5 1 st Texas 1 0th Montana $1 70 1 7th Utah 26th Nebraska $064 38th Vermont 48th Nevada $080 35th Virginia 4th New Hampshire $ 1 68 1 9th Washington
42nd New Jersey $270 6th West Virgin ia 1 6th New Mexico $1 66 20th Wisconsin
32nd New York $435 1 st Wyoming 25th North Carolina $045 45th Puerto Rico 36th North Dakota $044 46th G uam 40th Ohio $ 1 25 27th Northern Marianas
Tax stamp Includes 75cent health 1mpact fee
Tax Rank
$1 03 3 1 st $1 1 8 29th $1 60 2 1 st $350 2nd $057 42nd $ 1 53 23rd $062 39th $1 41 24th $1 70 1 7th $262 7th $0 30 50th
$3025 5th $055 44th $2 52 8th $060 40th $223 NA $300 NA $1 75 NA
Table shows al l cigarette tax rates in effect now Since 2002 47 states DC and several US territories have increased their cigarette tax rates more than 1 05 times The three states in bold type have not increased their cigarette tax since 1 999 or earlier Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $1 00 per pack or higher 14 states DC and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $4 00 per pack Tobacco states are KY VA NC SC GA and TN States average includes DC but not Puerto Rico other U S territories or local cigarette taxes The median tax rate is $1 34 per pack AK M l MN MS UT also have special taxes or fees on brands of manufacturers not participating in the state tobacco lawsuit settlements (NPMs)
The highest combined state-local tax rate is $585 in New York City with Chicago IL second at $566 per pack Other high state-local rates include Evanston IL at $548 and Anchorage AK at $4206 per pack For more on local cigarette taxes see httptobaccofreekids orgresearchfactsheetspdf0267 pdf
Federal cigarette tax is $1 01 per pack From the beginning of 1 998 through 2002 the m ajor cigarette companies increased the prices they charge by more than $1 25 per pack (but also instituted aggressive retail-level discounting for competitive pu rposes and to reduce related consumption declines) In January 2003 Philip Morris instituted a 65-cent per pack price cut for four of its major brands to replace its retail-level discounting and fight sales losses to discount brands and R J Reynolds followed suit In the last several years the major cigarette companies have increased their product prices by almost $ 1 00 per pack The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs total $1047 per pack sold and consumed in the US The average price for a pack of cigarettes nationwide is roughly $600 (including statewide sales taxes but not local cigarette or sales taxes other than NYCs $1 50 per pack cigarette tax) with considerable state-to-state differences because of d ifferent state tax rates and different manufacturer wholesaler and retailer pricing and discounting practices AK DE MT NH amp OR have no state retai l sales tax at al l OK has a state sales tax but does not apply it to cigarettes MN amp DC apply a per-pack sales tax at the wholesale level and AL GA amp MO (unl ike the rest of the states) do not apply their state sales tax to that portion of retai l cigarette prices that represents the states cigarette excise tax
Campaign for Tobacco-Free Kids December 13 2012 I Ann Boonn
For additional i nformation see the Cam paigns website at httplwwwtobaccofreekidsorgwhat we dostate localtaxes
Sources Orzechowski amp Walker Tax Burden on Tobacco 201 1 media reports state revenue department websites
middot Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change ih the actual excise tax rates just the way that the rates are listed
1 400 I Street NW - Suite 1 200 - Washington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
CAMPAIGN kJI TOigtAltpound0-fRpoundpound
K ick
NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $156 CIGARETTE TAX INCREASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $ 1 048 per pack
Annual health care expend itures in North Dakota directly caused by tobacco use $247 m ill ion Smoking-caused state Med icaid program spending each year $47 m il lion
New Annual Revenue from Increasing the Cigarette Tax Rate by $156 Per Pack $4109 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate I nc rease
Percent decrease in youth smoking 240 Kids in North Dakota kept from becoming addicted adult smokers 9900 Current adult smokers in the state who would quit 800 Smoking-affected births avoided over next five years 1 500 North Dakota residents saved from premature smoking-caused death 5400 5-Year health care cost savings from fewer smoking-caused lung cancer cases $1 26 million
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $333 mill ion
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $233 mill ion
5-Year Medicaid program savings for the state $380000 Long-term health care cost savings in the state from adult amp youth smoking declines $35066 mil l ion
122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years wi l l similarly diminish or el iminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider al l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $2 00 per pack cigarette tax the states new OTP tax rate should be at least 60 of the wholesale price with m inimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoiciesltaxlus state local and httpllwwwacscanorqltobaccopoicy
For m ore on sources and calculations see httpllwwwtobaccofreekidsorglresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer A ction Network Melissa Maitin-Shepard
Explanations amp Notes Health care costs l isted at the top of the page are from the US Centers for Disease Control and P revention
Projections are based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the h igher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggl ing and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion http 1tobaccofreekids orgresearchfactsheetspdf027 4 pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate increase All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are l imited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also l imited because small tax increases are unl ikely to produce significant public health benefits
Ongoing red uctions in state smoking rates will over time gradually erode state cigarette tax revenues (in the absence of any new rate i ncreases) But those declines are more predictable and less volatile than many other state revenue sources such as state i ncome tax or corporate tax revenues (which can drop sharply during recessions) I n addition the smoking declines that reduce tobacco tax revenues will sim ultaneously produce m uch larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdfl0357 pdf
For more on sources and calculations see httpllwww tobaccofreekidsorqlresearchlfactsheetspdf0281 pdf
Needed State Efforts to Protect State Tobacco Tax Revenues Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qualifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on al l tobacco products to block tax evasion and promote tax equity No
H ig h-tech tax stamps to stop counterfeiting and other smuggl ing and tax evasion No
Retailers lose l icense if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
Testimony of Bill Shalhoob
Greater North Dakota Chamber of Commerce HB 1 3 87
January 29 20 1 3
Greater North Dakota Chamber
Mr Chairman and members of the committee My name is Bill Shalhoob and I am here today representing the Greater North Dakota Chamber of Commerce the champions for business in North Dakota GNDC is working to build the strongest business environment possible through its more than 1 1 00 business members as well as partnerships and coalitions with local chambers of commerce from across the state GNDC also represents the National Association of
Manufacturers and works closely with the US Chamber of Commerce As a group we stand in opposition to HB 1d urge a do not pass from your committee on the bill
nn GNDC has a long history of opposing excise taxes which we believe are onerous and unfair
We have a difficult time understanding this bill and the tax increase from 1 7 mills to 45 mills a
1 65 raise according to our math proposed in it North Dakota certainly does not need the
additional revenue that might come from this tax increase Our focus in this session is on tax decreases not increases If we are trying to do social engineering that is to discourage the practice the tax code is a poor place to do it If the goal is to eliminate smoking introduce a bil l prohibiting the sale or use of tobacco products in the state As witnessed by our experience with Minnesota increasing their cigarette tax with a health fee all we do is drive sales to a lower priced location by passing this bil l We see no acceptable reason to enact this tax
Thank you for the opportunity to appear before you today in opposition to HB 1 3 87 I would be happy to answer any questions
Champions Business
PO Box 2639 P 701middot222-0929 Bismarck NO 58502 F 701-222-1611
wwwndcharnbercorn
w - -I --------
North Dakota Retai l Association NO Petroleum Marketers Association
North Dakota Propane Gas Association
---- LEG S LAT VE BU LLET N Testimony- HB 1387
January 29 2013- House Finance and Tax Committee
Chairman Belter and Members of the House Finance and Tax Committee
We know any type of tax tends to put the squeeze on consumer spending potentially strain
household budgets and curb retail sales Which is exactly why the North Dakota Petroleum
Marketers Association and its 400 members from across the state are asking you to vote
NO on HB 1387
Passage of HB 1387 will burden North Dakotas lower Income Earners Cigarette
excise taxes are regressive in nature B ased on data from the Center for
Disease Control roughly 30 of adults in North Dakota who earn less than
$ 15000 are smokers whereas only 160 of adults who earn $50000 or
more are smokers Raising taxes will further unfairly burden low-income
earners
Passage of HB 1387 will harm the retail sector as well
Increasing the excise tax could hurt legitimate retailers when
adult smokers shift purchases to other outlets such as the internet This
would negatively affect North Dakota s 1 300 retailers
Even more pressing is the fear Passage of HB 1387 could increase illegal cigarette trafficking
An excise tax increase could provide incentives for smuggling and other
contraband activities resulting in lost revenues According to the Bureau of
1 02 5 North 3rd Street bull PO Box 1 9 5 6 bull Bismarck NO 58502 bull 701 -223-3370 bull Fax 7 0 1 -223-5004 Web Address ndretailorg bull ndpetroleumorg bull ndpropaneorg
Alcohol Tobacco Firearms and Explosives cigarette smuggling has
turned into a lucrative business for criminals who trade cigarettes and other
tobacco products on the black market Nationally its estimated $5 billion in
tax revenue annually is lost on the black market
For all of these reasons NDPMA is asking for a NO vote on HB 1387
Thank you for your time and consideration
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote
bull
CAMPAIGN (ov ToYgtACco-fRpoundpound
K ic-A
bull tancerAction 1m Networkbull
NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $100 C IGARETTE TAX INC REASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $10 48 per pack
Annual health care expenditures in North Dakota directly caused by tobacco use $247 million Smoking-caused state Medicaid program spending each year $47 million
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $3235 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase
Percent decrease in youth smoking 154
Kids in North Dakota kept from becoming addicted adult smokers 6300
Current adult smokers in the state who would quit 5200
Smoking-affected births avoided over next five years 900
North Dakota residents saved from premature smoking-caused death 3400
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $213 million
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 million
5-Year Medicaid program savings for the state $240000
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 million
122112 TFKI January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly d iminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products I t is important to consider a l l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $ 1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorglfacts issuesfact sheetslpoliciesltaxlus state local and httpllwwwacscanorgltobaccopolicv
For more on sources and calculations see httpwwwtobaccofreekidsorqresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Guam $300 No Marianas Islands $175
MAP O F STATE C IGARETTE TAX RATES
Average State Cigarette Tax $148 per Pack Average Cigarette Tax in Major Tobacco States 485 cents per Pack
Average Cigarette Tax in Non-Tobacco States $161 per Pack
0 HI $320 Puerto Rico $223 I
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate
since 1999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam
have cigarette tax rates of $100 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages listed above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The
major tobacco states with extensive tobacco farming and often cigarette manufacturing are NC KY VA SC TN amp GA Federal cigarette tax is $101 per pack Not shown are the special taxes or fees some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local governments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) New York City ($150) and Anchorage AK ($2206) The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $1047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn For more information on state cigarette taxes and the benefits from increasing them see
httpwwwtobaccofreekidsorgfacts issuesfact sheetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1400 I Street NW middot Suite 1200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
I i I I I I I I I I i I I I I I I I I II I I I I I I -- - 1 I O i I lt_ H I fi 61
I I
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I I I I I I I I I 1 - I I ()
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From Dr Eric L Johnson MD Grand Forks ND
President
Tobacco Free North Dakota
Associate Professor
Department of Family and Community Medicine
UNDSMHS
Director lnterprofessional Education
UNDSMHS
Medical Director
Physician Assistant Program
UNDSMHS
Assistant Medical Director
Altru Diabetes Center
FMC-Aitru Health System
Assistant Medical Director
Valley Memorial Homes
Although Im unable to appear in person Id like to offer information regarding tobacco
specifically cigarette taxation and its specific relationship to reducing youth smoking I have
actively been involved in tobacco related issues since beginning my association with NDQuits
formerly known as the North Dakota Tobacco Quitline
We are fortunate to have up to date quality information to support this effort in reducing
smoking among youth in North Dakota Here is the current state of tobacco use among youth
in our state
Cigarette Use
bull 44 ever tried cigarette smoking (1)
bull 19 smoked cigarettes on at least 1 day during the 30 days before the survey
bull 8 smoked cigarettes on 20 or more days during the 30 days before the survey
bull 47 did not try to quit smoking cigarettes (2)
Other Tobacco Use
bull 14 used chewing tobacco snuff or dip on at least 1 day during the 30 days before the
survey
bull 13 smoked cigars cigarillos or little cigars on at least 1 day during the 30 days before the
survey
Any Tobacco Use
bull 28 smoked cigarettes smoked cigars cigarillos or little cigars or used chewing tobacco
snuff or dip on at least 1 day during the 30 days before the survey
The current data support 2 ways to reduce youth smoking One is instituting smoke free laws
North Dakota voters strongly supported this in the election in November 2012 passing North
Dakotas new smoke-free law by a margin of 2 to 1 with every county and legislative district
voting in favor so its pretty clear this is what the people of North Dakota wanted Although
these laws are primarily designed to reduce the infliction of injury on others from secondhand
smoke smoke-free laws do tend to reduce youth smoking
The other way to reduce youth smoking is to increase taxes per pack of cigarettes
In a newly published study in the prestigious American Journal of Public Health doubling the
price of cigarettes decreased youth smoking by 13 which was the most effective way to cut
smoking in this population Its also estimated that in total in the states that increased tobacco
taxes during the study period resulted in 220000 fewer youth smokers
Other established previously published studies showed other benefits from increasing tobacco
taxes
bull Every 10 percent increase in the real price of cigarettes reduces overall cigarette
consumption by approximately three to five percent reduces the number
of young-adult smokers by 35 percent and reduces the number of kids who smoke by
six or seven percent
bull Cigarette price and tax increases work even more effectively to reduce smoking among
males Blacks Hispanics and lower-income smokers
bull A cigarette tax increase that raises prices by ten percent will reduce smoking among
pregnant women by seven percent saving many newborns from suffering from
smoking-affected births and related health consequences
bull Many states note increase in access to quit services such as what North Dakota has with
NDQuits when tobacco taxes increase Wisconsin and Iowa have notable data in this
area- for example Wisconsin went from about 9000 calls a month to 20000 in a month
after a new cigarette tax In Washington the number of smokers decreased by 100000
after their tobacco tax increase
Now I think many would say that North Dakota doesnt need another taxation revenue stream
and we are fortunate in North Dakota in that regard As well the people of North Dakota have
historically supported tobacco prevention funding- for example the well-known so called
Measure 3 of 2008 Currently North Dakota ranks very low in tobacco tax- we are ranked
46th with a state tax of 44 cents per pack The highest tobacco tax state is New York at $435
per pack The overall average is $128 Some may say that tobacco taxes pay for themselves
with health care but its estimated that each pack of cigarettes generates about $10 in health
care costs
Tobacco use itself remains a very expensive problem for North Dakota with an estimated $247
million spent annually on the treatment of tobacco related diseases Cutting down youth
smoking as well as smoking in other groups as noted has the potential to reduce these costs in
the future
Thank you for your time today and I would be happy to answer any other questions regarding
this or other tobacco related diseases or prevention My contact information can be provided
upon request References are provided as well
httpwwwtobaccofreekidsorgresearchfactsheetspdf0097pdf
httpwww n d health gov tobaccoFacts htm
httpwwwtobaccofreekidsorgresearchfactsheetspdf0146pdf
httpwwwcdcgovhealthyyouthyrbspdftobaccond tobacco combopdf
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use
(J amp bull Centers for Disease Control and Prevention ImiddotJj lldraquoA COC 247 Soving Lives Protecting Peopler-
Tobacco Control State Highlights 2012
Abstract
bull Highlights 2012 Abstract bull Highlights 2012 Cby section)
(tobaccodata statisticsstate datastate highlights2012sectionsindexhtm)
bull Highlights 2012 Buttons (tobaccobuttonsstate highlightsindexhtm)
bull Highlights 2012 Download
Page 1 of3 (
(tobaccodata statisticsstate datastate highlights2012zip fileshighlightszip) (Zip-163 MB)
bull Highlights 2012 Factsheet (tobaccodata statisticsstate datastate highlights2012pdfsfactsheetpdf) (PDF-so KB)
bull STATE System Interactive Maps (tobaccodata statisticsstate datastate highlights2012statesystemindexhtm)
Tobacco Control State Highlights 2012
Tobacco use is the single most preventable cause of death in the United States Each year in
the United States cigarette smoking and exposure to secondhand smoke causes 443000-or 1
in 5 deaths Economic losses are also staggering Smoking-caused diseases result in $96 billion
in health care costs annually
httnmiddotumm lrll anvtnhccnrlata statisticsstate datastate highlights2012indexhtm 1282013
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use Page 2 of3 V-
Some states have significantly improved the health of their citizens by reducing smoking rates
thereby decreasing smoking-related diseases deaths and health care costs Even in
economically challenging times states can make a significant difference in public health by
employing high-impact cost-effective tobacco control and prevention strategies as laid out in
the World Health Organizations MPOWER strategic package of interventions proven to
reduce tobacco use prevalence including
bull Monitor tobacco use and prevention policies bull Protect people from tobacco smoke bull Offer help to quit tobacco use bull Warn people about the dangers of tobacco bull Enforce bans on tobacco advertising promotion and sponsorship bull Raise state cigarette taxes on tobacco
Tobacco Control State Highlights 2012 guides states in developing and implementing highshy
impact strategies and assessing their performance This report also provides state-specific data
intended to-
1 Highlight how some states are making great strides in reducing smoking rates using evidence-based strategies while also showing that more work needs to be done in other states
2 Enable readers to see how their own states perform 3 Help policymakers with decision making
Post and share 2012 Tobacco Control State Highlights Buttons (tobaccobuttonsstate highlightsjindexhtm)
Interested in posting this syndicated content on your Web site
See the 1ist of Smoking and Tobacco Use syndicated pages Chttptoolscdcgovsyndicationpagesaspx
mediaCo11ectionld=s) find the page and select the Add to List link next to it
Related Archived Link I
bull Tobacco Control State Highlights 2010 (tobaccodata statisticsstate datastate highlights2010indexhtm) - --
htt I lnrnrm rJ anvtnhJrroclata statisticsstate datastate highlights20 12indexhtm 1282013
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use Page3 of3
Persons with disabilities who experience problems accessing the 2012 Tobacco Control
State Highlights should contact tobaccoinfocdcgov (mailtotobaccoinfocdcgov) or call1
-Soo-CDC-INFO (1-800-232-4636)
Page last reviewed January 24 2013 Page last updated January 24 2013 Content source Office on Smoking and Health National Center for Chronic Disease Prevention and Health Promotion
Centers for Disease Control and Prevention 1600 Clifton Rd Atlanta GA 30333 USA 8oo-CDC-INFO (800-232-4636) TTY (888) 232-6348- Contact CDC-INFO
11ttnwwwcdc 1mvtobaccodata statisticsstate datastate_ highlights2012indexhtm 12820 13
NORTH DAKOTA
Monitor
Adult Current CigaretteSmokeless Tobacco Use
In North Dakota the percentage of adults (ages 18+)
who currently smoke cigarettes was 219 in 2011
Across all states and DC the prevalence of cigarette smoking among adults ranged from 118 to 290
North Dakota ranked 30 among the states
The percentage of adults who currently use smoke-less tobacco was 76 in 2011 Across all states and DC the prevalence ranged from 14 to 98 North Dakota ranked 49 among the states
Current Cigarette and Smokeless Tobacco Use among Adults by Demographic Characteristics
National (median)
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
Less than high school degree
High school degree
More than high school degree
18-24 years old
25-44 years old
45-64 years old
65+ years old
bull Cigarettes
0 10 20
bullbullbull Sample size lt50
ml Smokeless Tobacco
30 40 Percent
50 60 70 80
Source Behavioral Risk Factor Surveillance System 2011
300
NORTH DAKOTA Youth Current CigaretteSmokeless TobaccoCigar Use
In North Dakota the percentage of youth in grades 9-12
who currently smoke cigarettes was 194 in 20 11 The range across 44 states was 59 to 241 North Dakota ranked 34h among 44 states
The percentage of youth who currently use smokeless tobacco was 136 in 2011 The range across 40 states was 35 to 169 North Dakota ranked 36h among 40 states
The percentage of youth who currently smoke cigars was 135 in 201 1 The range across 37 states was 50 to 183 North Dakota ranked 17h among 37 states
The percentage of youth who currently use tobacco (ie cigarettes smokeless tobacco andor cigars) was 283 in 2011 The range across 36 states was 78 to 319 North Dakota ranked 30h among 36 states
Tobacco Use among High School Students by Demographic Characteristics
bull Cigarettes
National
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
9th grade
1Oth grade
11th grade
12th grade
IE Smokeless Tobacco bull Cigars
0 10 20 30 Percent
Cigarettes smokeless tobacco andor cigars Sample size lt100
301
liil Tobacco
40 50 60 70
Source Youth Risk Behavior Survey 2011
NORTH DAKOTA Past-Year Cigarette Initiation
In 2008-2009 of all North Dakota youth ages 12-17
who had never smoked 66 smoked a cigarette for the first time in the past year This ranked 37 in the nation with a range of 33-92 among the states
Of all young adults ages 18-25 who had never smoked 147 smoked a cigarette for the first time in 2008-
2009 This ranked 51 in the nation with a range of 42-147 among the states
Past-Year Cigarette Initiates among Persons Aged 12-25 by Age of First Use 2002-2009
ltfJ c Ql v Ql c
25
20
15
10
5
0
__ Total Initiates -11- Initiates aged 12-17 --+-- Initiates aged 1 8-25
2002-2003 2004-2005 2006-2007 2008-2009
Year Source National Survey on Drug Use and Health 2002-2009
302
NORTH DAKOTA
Protect
Adult Exposure to Secondhand Smoke
Among all adults the percentage who reported being exposed to secondhand smoke within the past 7 days was lower in North Dakota than
Exposure to Secondhand Smoke
in the nation overall In 2009-2010 overall exposure to secondhand smoke in North Dakota was 450 ranking 1 8 among the states
I I I I Overall Workplaces i Homes 1 Vehicles Public Places I I
450
Adults were exposed to secondhand smoke in various locations The table shows the percentage of North Dakota adults who reported any exposure as well as exposure in their home in a vehicle or in indoor or outdoor areas at work or public places in the past 7 days
c Ql
100
Secondhand Smoke Exposure and Opinions about Smoking
in the Workplace bull National bull North Dakota
80
60 Ql a
Adults Reporting Being
Exposed to Secondhand
Smoke (overall)
Adults Who Think
Smoking Should Never be
Allowed in the Workplace
Source National Adult Tobacco Survey 2009-2010
Opinions about Smoking in the Workplace
In 2009-2010 778 of adults in North Dakota thought that smoking should never be allowed in indoor workplaces ranking 30 among the states
303
180 81 150 324 Source National Adult Tobacco Survey 2009-201 0
Smoke-Free Home Rules
In 2009-2010 836 of adults in North Dakota reported that their homes had smoke-free home rules ranking 18 among the states The percentage of homes without smoke-free home rules with children living in them was 284 ranking 11 among the states
Smoke-Free Home Rules and Homes without Rules that have Children
c Ql v Ql a
100
bull National
SmokemiddotFree Home
Rules
bull North Dakota
Homes without Rules
that have Children
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA State Smoke-Free Policy
As ofJune 30 2012 North Dakota had a smokeshyfree law that prohibits smoking in indoor areas of workplaces but not restaurants or bars The state allowed communities to enact local smoke-free laws
Note See Appendix B for updated legislation rhar rakes effect afrer June 30 2012
Offer
Adults Who Made a Quit Attempt in the Last Year
During 2009-2010 552 of North Dakota adult smokers made a quit attempt in the past year ranking 22d among the states
National
Percentage of Smokers Attempting to Quit
WORSE
In North Dakota
552 of adults made a quit attempt
ranking 22d
Source National Adult Tobacco Survey 2009-2010
Quitline Utilization
In 2010 the North Dakota quidine received 7478
calls and 1 342 tobacco users (an estimated 12 of all tobacco users in the state) received telephone counseling cessation medications or both from the state qui dine
Smoke-Free Legislation
I I Local Laws Workplaces Restaurants l Bars Permitted
Yes
I I
No No Yes Designated Smoking Areas t Ventilated Smoking Areas
bull Allowed for nonshyhospitality workplaces
1 Prohibited ror nonshyhospitJiity workplaces
t No Restrictions Allowed smoking in venues that prohibit minors
Note Not all footnotes may be used Source STATE System June 2012
304
Medicaid Coverage for Counseling and Medications
In 2010 North Dakotas Medicaid program provided incomplete coverage through Medicaid for tobaccoshydependence treatment North Dakota provided full coverage for some nicotine replacement therapies full coverage for varenicline full coverage for bupropion and no coverage for counseling (individual or group)
Medicaid Coverage for Counseling and Medications
Comprehensive Coverage
No
I Counseling NRT
Ms (On
1e or 1 Varenicline Jl Bupropion (Individual
ore andor Group)
Yes Yes Yes No
Pregnant women only t Fee-for-service only
Available only via the quitline
Note Not all footnotes may be used Source Halpinet a 2011
NORTH DAKOTA
Warn
Tobacco Counter-Marketing Media Intensity
CDC Best Practices recommendations translate into an average quarterly exposure of 1200 general audience gross raring points (GRPs) and 800 youth target raring points (TRPs) in effective anti-tobacco media campaigns North Dakota had an average of 10356 general audience GRPs and 1436 youth TRPs per quarter in television advertising supporting tobacco control messages in 2010
Anti-Tobacco Media Campaign Intensity G RPs Per Quarter
National
Median
2427 GRPs
General Audience
WORSE
North Dakota
Average 10356
GRPs (101h)
Source CDCOSH
Anti-Tobacco Media Campaign Intensity T RPs Per Quarter
National
Median
3 97TRPs
Youth (12-17Years)
WORSE
North
Dakota Average 1436 TRPs (13h)
Source CDCOSH
305
Knowledge of the Dangers of Tobacco
In North Dakota 657 of adults thought that breathing smoke from other peoples cigarettes or other tobacco products is very harmful to ones health in 2009-2010 Additionally 832 thought that cigarette smoking is very addictive
Secondhand Smoke
National
Average
656
WORSE
In North Dakota 657 of adults thought
__ secondhand smoke is very harmful The range
across all states was 721 to 559 North
Dakota ranked 17h
among the states
Source National Adult Tobacco Survey 2009-2010
Addictiveness of Smoking
National
Average
854
WORSE
In North Dakota 832 of adults thought that
smoking is very addictive The range across all states was
905 to 806 North __ Dakota ranked 45h among the states
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA
Enforce
State Allows Local Advertising and Promotion Laws State Allows Local Laws
As ofJune 30 2012 North Dakota allowed local regulation of tobacco industry promotions tobacco product sampling and display of tobacco products in commercial establishments
Promotion t Sampling I Display
Yes Yes Yes Source STATE System June 2012
Over-the-Counter Retail Licensure
As of June 30 2012 North Dakota required all establishments selling cigarettes and smokeless tobacco products over-the-counter to be licensed Nationally 37
states required over-the-counter licensure for cigarettes 29 of which also have a requirement for smokeless tobacco with various renewal frequencies fees and penalties for violations
Over-the-Counter Licensure and Penalties
Over-the- Minimum I Renewal I Penalty to Licensure Counter License License Fee Required I Business Includes _ Rqired _ _ (amp Frequelcy) _ Sruo_kes Toacc
$1500
Yes Yes
bull Annually Note Not all footnotes may be used bull Class A Misdemeanor Fine or Imprisonment or both Source STATE System June 2012
306
NORTH DAKOTA
Raise
Amount of Tobacco Product Excise Tax
As of June 302012 the excise tax on cigarettes in North Dakora was $044 per pack ranking 46h among the states The tax on cigars was 28 of the wholesale purchase price per cigar and for little cigars the tax was 28 of the wholesale purchase price per pack of 20 The tax on chewing tobacco was $0 I 6 per ounce with snuff taxed at $060 per ounce
Amount of Cigarette Excise Tax
National
Median
$1339
WORSE
As of June 30 2012
North Dakota had a
$044 cigarette excise tax-ranking 461h
among the states The range across states was
$435 to $017 per pack
Source STATE System June 2012
307
Price Paid for Last Cigarettes Purchased
In North Dakota 656 of adult smokers bought their last cigarettes by the pack and 344 bought them by the carton in 2009-2010 The average price that North Dakota smokers reported paying for their last pack of cigarettes was $433 in 2009-201 0 the range among states was $798 to $404 The average price that North Dakota smokers reponed paying for their last carton of cigarettes was $3561 in 2009-2010 the range among 45
states with valid data was $6445 to $3046
CAMPAIGN ov ToBACco-fREE
Kirk-middot
bull
ancer Action jii
N EW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVI NGS FROM A $100 CIGARETTE TAX I N C REASE I N NORTH DAKOTA
Cu rrent state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $1 048 per pack
Annual health care expenditu res in North Dakota directly caused by tobacco use $247 m illion S mokin g-caused state Med icaid program spending each year $47 mi l l ion
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $325 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase Percent decrease in youth smoking 154
-- -- -------------------------------------
Kids in North Dakota kept from becoming addicted adult smokers 6300 ------------------ --------------------------------------------------------------------------------
Current adult smokers in the state who would quit 5200 -----------------------------------------------------------------
Smoking-affected births avoided over next five years 900 -- -- --------
North Dakota residents saved from premature smoking-caused death 3400 ----middot-------------------- ------------------------------------------- middot --
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000 ------------ -----------------------------------
5- Year health care cost savings from fewer smoking-affected pregnancies amp births $213 mil l ion f-------------------------------------------------------------------------------------------------------------------------5- Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 mil l ion r------------------------------------------------------------------------------------------------------5- Year Medicaid program savings for the state $240000 ------------------------------------------------------------------------------------------------------- -----------
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 mil l ion 122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly diminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new reven ues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider all aspects of state tax pol icy related to OTPs (incl uding the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category linked to the state cigarette tax rate on a per-package or pe r-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoliciesltaxlus state local and httpwwwacscanorqltobaccopolicv
For more on sources and calculations see httpllwwwtobaccofreekidsorgresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Explanations amp Notes
Health care costs l isted at the top of the page are from the US Centers for Disease Control and Prevention
Projections a re based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the higher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggling and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion httptobaccofreekidsorgresearchfactsh eetspdf0274pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate i ncrease All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are limited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also limited because small tax i ncreases are unl ikely to produce significant public health benefits
Ongoing reductions in state smoking rates wil l over time gradually erode state cigarette tax revenues (in the absence of any new rate increases) But those declines are more predictable and less volatile than many other state revenue sources such as state income tax or corporate tax revenues (which can drop sharply during recessions) In addition the smoking declines that reduce tobacco tax revenues will simultaneously produce much larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdf0357pdf
For more on sources and calculations see httplwww tobaccofreekidsorqresearchlfactsheetslpdf028 1pdf
Needed State Efforts to P rotect State Tobacco Tax Revenues
Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qual ifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on all tobacco products to block tax evasion and promote tax equity No
High-tech tax stamps to stop counterfeiting and other smuggling and tax evasion No
Retailers lose license if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
North Dakota Tobacco Prevention and Control Executive Comm ittee
Center for Tobacco Prevention and Control Policy 4023 State Street Suite 65 bull Bismarck N D 58503-0638
Phone 70 1 328 5 1 30 middot Fax 701 328 5 1 35 middot Tol l Free 1 877277 5090
Testimony House Bil l 1 387
1 0 00 am Jan uary 29 20 1 3 House F inance and Taxation Comm ittee
Good morning Chairman Belter and members of the House Finance and Tax Committee I am Jeanne Prom executive director of the N D Center for Tobacco Prevention and Control Policy
I ncreasing the tobacco tax sig nificantly wil l lead to a decrease in tobacco use in our state Tobacco use is the leading cause of preventable disease and death and the tol l of tobacco u se in North Dakota is hig h
bull An n ual health care costs in North Dakota directly caused by smoking $247 mil l ion bull Portion paid by the state Medicaid prog ram annually $47 mil l ion bull N u mber of North Dakota adu lts who will die from smoking this year 800 bull High school students who smoke 7 400 (1 94) bull Male hig h school students who use smokeless or spit tobacco 22 2 bull Kids u nder 1 8 who become new daily smokers each year 600
The North Dakota Tobacco Prevention and Control Advisory Committee in its plan Saving Lives - Saving Money North Dakota s Comprehensive State Plan to Prevent and Control Tobacco Use cal ls for a sig nificant increase in al l tobacco taxes - to $2pack - to keep kids from starting and prompt users to quit As you can see on the attachments North Dakotas tobacco tax is one of the lowest in the country at 44 centspack This tax hasnt been increased since 1 993 The low tax resu lts in inexpensive tobacco that is affordable to youth and populations with l imited incomes and high smoking rates High tobacco taxes work most effectively to cut use among lower-income smokers and young male smokeless tobacco users - two g roups that suffer disproportionately from the harms of tobacco use
Tobacco use and its health hazards are completely preventable Raising the tobacco tax to $2pack with a comparable tax amou nt on other tobacco products can be expected to
bull Decrease youth smoking by 24 bull Reduce the number of kids from becoming addicted adult smokers by 9 900 bull Reduce the n umber of adults in the state who smoke by 8 200 bull Save the state mil l ions of dol lars in smoking-related health care costs over j ust 5 years
Please consider H B 1 387 with amendments to i ncrease the tobacco tax to $2pack with a comparable tax increase on al l other tobacco products
Thank you for your time and consideration I am happy to respond to any questions
The To bacco i n N o rth Da kota Updated Dec 5 2012
The Tol l of Tobacco in North Dakota
High school students who 1 94 (7400)
smoke middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot
Male high school stuents who 222
S SrlkS r Pt
t
Kids (under 1 8) who become 600
-middot- -IY S- X
Kids exposed to secondhand 42000
smoke at home Packs of cigarettes bought or
1 9 m il l ion lt9 Y i
------ Xr
Adu lts in North Dakota who smoke
21 9 ( 1 1 6 600)
Due to changes in CDCs methodology the 20 1 1 adult smoking rate cannot be
compared to adult smoking data from previous years
US National Data (201 1 )
i- -ltl flin
rt
Male h igh school students who 1 28
use smokeless tobacco
- n9 1 g(
Deaths i n North Da kota from Sm oking
Adults who die each year from th
k 800
e1r own smo mg
Kids now under 1 8 and alive in North Dakota who will ultimately 1 1 000 die prematurely from smoking
Smoking kil ls more people than alcohol AIDS car crashes i l legal drugs murders and suiCides combined - and thousands more die from other tobacco-related
causes - such as fires caused by smoking (more than 1 000 deathsyear nationwidr d smokeless tobacco use
Sm oking-Caused Monetary Costs in North Dakota
Annual health care costs in North Dakota directly caused by$247 m i ll ion
ltn
Portion covered by the state $47 m il l ion
-ii P9--
Residents state amp federal tax burden from srnoking-caused $574 per house hold
V-nt Pn i_
t
r
Smoking-caused productivity $ 1 92 m i l l ion
losses in North Dakota
Amounts do not include health costs caused by exposure to secondhand smoke smoking-caused fires smokeless tobacco use or cigar and pipe smoking Tobacco vse also imposes additional costs such as workplace productivity losses and damage to property
Tobacco Industry I nflue nce in North Dakota
Annual tobacco industry marketing expenditures nationwide
$85 bil l ion
Estimated portion spent for North Dakota marketing each $257 m il l ion
year
Published research studies have found that kids are twice as sensitive to tobacco advertising than adults and are more l ikely to be influenced to smoke by cigarette marketing than by peer pressure One-third of underage experimentation with smoking is attributable to tobacco company advertising
View sources of information
More detailed fact sheets on tobaccos toll in each state are avai lable by emailing factsheetstobaccofreekids org
CAMPAIGN middot ov
ToBA((o-fRpoundpound K ick
Guam $300 No Marianas Islands $1 75
MAP OF STATE CIGARETTE TAX RATES
Average State Cigarette Tax $1 48 per Pack
Average Cigarette Tax in M ajor Tobacco States 485 cents per Pack
Average Cigarette Tax in N on-Tobacco States $1 61 per Pack
TX $1 41
gt
$320 Puerto Rico $223
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate since 1 999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $ 1 00 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or h igher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages l i sted above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The major tobacco states with extensive tobacco farming and often cigarette manufacturin g are NC KY VA SC TN amp GA Federal cigarette tax is $1 01 per pack Not shown are the special taxes or fee s some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local g overnments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) N ew York City ($1 50) and Anchorage AK ($2206) The U S Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $ 1 047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn
For m o re information on state cigarette taxes and the benefits from increasing them see httpwwwtobaccofreekidsorgfacts issuesfact s h eetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1 400 I Street NW middot Suite 1 200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekid sorg
State Tax
Alabama $0425 Alaska $200 Arizona $200 Arkansas $1 1 5 California $087 Colorado $084 Connecticut $340 Delaware $1 60 DC $250 Florida $1 339 Georgia $037 Hawai i $320 Idaho $057 I l l inois $1 98
Indiana $0995 Iowa $ 1 36 Kansas $079 Kentucky $060
STATE CIGARETTE EXCISE TAX RATES amp RANKINGS
Overal l All States Average $1 48 per pack
Major Tobacco States Average 485 cents per pack Other States Average $1 61 per pack
Rank State Tax Rank State
47th Louisiana $036 49th Oklahoma 1 1 th Maine $200 1 1 th Oregon 1 1 th Maryland $200 1 1 th Pennsylvania 30th Massachusetts $251 9th Rhode Island 33rd Michigan $200 1 1 th South Carolina 34th Minnesota $1 23 28th South Dakota 3rd Mississippi $068 37th Tennessee
2 1 st Missouri $0 1 7 5 1 st Texas 1 0th Montana $1 70 1 7th Utah 26th Nebraska $064 38th Vermont 48th Nevada $080 35th Virginia 4th New Hampshire $ 1 68 1 9th Washington
42nd New Jersey $270 6th West Virgin ia 1 6th New Mexico $1 66 20th Wisconsin
32nd New York $435 1 st Wyoming 25th North Carolina $045 45th Puerto Rico 36th North Dakota $044 46th G uam 40th Ohio $ 1 25 27th Northern Marianas
Tax stamp Includes 75cent health 1mpact fee
Tax Rank
$1 03 3 1 st $1 1 8 29th $1 60 2 1 st $350 2nd $057 42nd $ 1 53 23rd $062 39th $1 41 24th $1 70 1 7th $262 7th $0 30 50th
$3025 5th $055 44th $2 52 8th $060 40th $223 NA $300 NA $1 75 NA
Table shows al l cigarette tax rates in effect now Since 2002 47 states DC and several US territories have increased their cigarette tax rates more than 1 05 times The three states in bold type have not increased their cigarette tax since 1 999 or earlier Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $1 00 per pack or higher 14 states DC and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $4 00 per pack Tobacco states are KY VA NC SC GA and TN States average includes DC but not Puerto Rico other U S territories or local cigarette taxes The median tax rate is $1 34 per pack AK M l MN MS UT also have special taxes or fees on brands of manufacturers not participating in the state tobacco lawsuit settlements (NPMs)
The highest combined state-local tax rate is $585 in New York City with Chicago IL second at $566 per pack Other high state-local rates include Evanston IL at $548 and Anchorage AK at $4206 per pack For more on local cigarette taxes see httptobaccofreekids orgresearchfactsheetspdf0267 pdf
Federal cigarette tax is $1 01 per pack From the beginning of 1 998 through 2002 the m ajor cigarette companies increased the prices they charge by more than $1 25 per pack (but also instituted aggressive retail-level discounting for competitive pu rposes and to reduce related consumption declines) In January 2003 Philip Morris instituted a 65-cent per pack price cut for four of its major brands to replace its retail-level discounting and fight sales losses to discount brands and R J Reynolds followed suit In the last several years the major cigarette companies have increased their product prices by almost $ 1 00 per pack The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs total $1047 per pack sold and consumed in the US The average price for a pack of cigarettes nationwide is roughly $600 (including statewide sales taxes but not local cigarette or sales taxes other than NYCs $1 50 per pack cigarette tax) with considerable state-to-state differences because of d ifferent state tax rates and different manufacturer wholesaler and retailer pricing and discounting practices AK DE MT NH amp OR have no state retai l sales tax at al l OK has a state sales tax but does not apply it to cigarettes MN amp DC apply a per-pack sales tax at the wholesale level and AL GA amp MO (unl ike the rest of the states) do not apply their state sales tax to that portion of retai l cigarette prices that represents the states cigarette excise tax
Campaign for Tobacco-Free Kids December 13 2012 I Ann Boonn
For additional i nformation see the Cam paigns website at httplwwwtobaccofreekidsorgwhat we dostate localtaxes
Sources Orzechowski amp Walker Tax Burden on Tobacco 201 1 media reports state revenue department websites
middot Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change ih the actual excise tax rates just the way that the rates are listed
1 400 I Street NW - Suite 1 200 - Washington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
CAMPAIGN kJI TOigtAltpound0-fRpoundpound
K ick
NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $156 CIGARETTE TAX INCREASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $ 1 048 per pack
Annual health care expend itures in North Dakota directly caused by tobacco use $247 m ill ion Smoking-caused state Med icaid program spending each year $47 m il lion
New Annual Revenue from Increasing the Cigarette Tax Rate by $156 Per Pack $4109 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate I nc rease
Percent decrease in youth smoking 240 Kids in North Dakota kept from becoming addicted adult smokers 9900 Current adult smokers in the state who would quit 800 Smoking-affected births avoided over next five years 1 500 North Dakota residents saved from premature smoking-caused death 5400 5-Year health care cost savings from fewer smoking-caused lung cancer cases $1 26 million
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $333 mill ion
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $233 mill ion
5-Year Medicaid program savings for the state $380000 Long-term health care cost savings in the state from adult amp youth smoking declines $35066 mil l ion
122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years wi l l similarly diminish or el iminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider al l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $2 00 per pack cigarette tax the states new OTP tax rate should be at least 60 of the wholesale price with m inimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoiciesltaxlus state local and httpllwwwacscanorqltobaccopoicy
For m ore on sources and calculations see httpllwwwtobaccofreekidsorglresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer A ction Network Melissa Maitin-Shepard
Explanations amp Notes Health care costs l isted at the top of the page are from the US Centers for Disease Control and P revention
Projections are based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the h igher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggl ing and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion http 1tobaccofreekids orgresearchfactsheetspdf027 4 pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate increase All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are l imited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also l imited because small tax increases are unl ikely to produce significant public health benefits
Ongoing red uctions in state smoking rates will over time gradually erode state cigarette tax revenues (in the absence of any new rate i ncreases) But those declines are more predictable and less volatile than many other state revenue sources such as state i ncome tax or corporate tax revenues (which can drop sharply during recessions) I n addition the smoking declines that reduce tobacco tax revenues will sim ultaneously produce m uch larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdfl0357 pdf
For more on sources and calculations see httpllwww tobaccofreekidsorqlresearchlfactsheetspdf0281 pdf
Needed State Efforts to Protect State Tobacco Tax Revenues Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qualifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on al l tobacco products to block tax evasion and promote tax equity No
H ig h-tech tax stamps to stop counterfeiting and other smuggl ing and tax evasion No
Retailers lose l icense if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
Testimony of Bill Shalhoob
Greater North Dakota Chamber of Commerce HB 1 3 87
January 29 20 1 3
Greater North Dakota Chamber
Mr Chairman and members of the committee My name is Bill Shalhoob and I am here today representing the Greater North Dakota Chamber of Commerce the champions for business in North Dakota GNDC is working to build the strongest business environment possible through its more than 1 1 00 business members as well as partnerships and coalitions with local chambers of commerce from across the state GNDC also represents the National Association of
Manufacturers and works closely with the US Chamber of Commerce As a group we stand in opposition to HB 1d urge a do not pass from your committee on the bill
nn GNDC has a long history of opposing excise taxes which we believe are onerous and unfair
We have a difficult time understanding this bill and the tax increase from 1 7 mills to 45 mills a
1 65 raise according to our math proposed in it North Dakota certainly does not need the
additional revenue that might come from this tax increase Our focus in this session is on tax decreases not increases If we are trying to do social engineering that is to discourage the practice the tax code is a poor place to do it If the goal is to eliminate smoking introduce a bil l prohibiting the sale or use of tobacco products in the state As witnessed by our experience with Minnesota increasing their cigarette tax with a health fee all we do is drive sales to a lower priced location by passing this bil l We see no acceptable reason to enact this tax
Thank you for the opportunity to appear before you today in opposition to HB 1 3 87 I would be happy to answer any questions
Champions Business
PO Box 2639 P 701middot222-0929 Bismarck NO 58502 F 701-222-1611
wwwndcharnbercorn
w - -I --------
North Dakota Retai l Association NO Petroleum Marketers Association
North Dakota Propane Gas Association
---- LEG S LAT VE BU LLET N Testimony- HB 1387
January 29 2013- House Finance and Tax Committee
Chairman Belter and Members of the House Finance and Tax Committee
We know any type of tax tends to put the squeeze on consumer spending potentially strain
household budgets and curb retail sales Which is exactly why the North Dakota Petroleum
Marketers Association and its 400 members from across the state are asking you to vote
NO on HB 1387
Passage of HB 1387 will burden North Dakotas lower Income Earners Cigarette
excise taxes are regressive in nature B ased on data from the Center for
Disease Control roughly 30 of adults in North Dakota who earn less than
$ 15000 are smokers whereas only 160 of adults who earn $50000 or
more are smokers Raising taxes will further unfairly burden low-income
earners
Passage of HB 1387 will harm the retail sector as well
Increasing the excise tax could hurt legitimate retailers when
adult smokers shift purchases to other outlets such as the internet This
would negatively affect North Dakota s 1 300 retailers
Even more pressing is the fear Passage of HB 1387 could increase illegal cigarette trafficking
An excise tax increase could provide incentives for smuggling and other
contraband activities resulting in lost revenues According to the Bureau of
1 02 5 North 3rd Street bull PO Box 1 9 5 6 bull Bismarck NO 58502 bull 701 -223-3370 bull Fax 7 0 1 -223-5004 Web Address ndretailorg bull ndpetroleumorg bull ndpropaneorg
Alcohol Tobacco Firearms and Explosives cigarette smuggling has
turned into a lucrative business for criminals who trade cigarettes and other
tobacco products on the black market Nationally its estimated $5 billion in
tax revenue annually is lost on the black market
For all of these reasons NDPMA is asking for a NO vote on HB 1387
Thank you for your time and consideration
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote
Guam $300 No Marianas Islands $175
MAP O F STATE C IGARETTE TAX RATES
Average State Cigarette Tax $148 per Pack Average Cigarette Tax in Major Tobacco States 485 cents per Pack
Average Cigarette Tax in Non-Tobacco States $161 per Pack
0 HI $320 Puerto Rico $223 I
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate
since 1999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam
have cigarette tax rates of $100 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages listed above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The
major tobacco states with extensive tobacco farming and often cigarette manufacturing are NC KY VA SC TN amp GA Federal cigarette tax is $101 per pack Not shown are the special taxes or fees some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local governments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) New York City ($150) and Anchorage AK ($2206) The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $1047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn For more information on state cigarette taxes and the benefits from increasing them see
httpwwwtobaccofreekidsorgfacts issuesfact sheetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1400 I Street NW middot Suite 1200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
I i I I I I I I I I i I I I I I I I I II I I I I I I -- - 1 I O i I lt_ H I fi 61
I I
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I I I I I I I I I 1 - I I ()
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From Dr Eric L Johnson MD Grand Forks ND
President
Tobacco Free North Dakota
Associate Professor
Department of Family and Community Medicine
UNDSMHS
Director lnterprofessional Education
UNDSMHS
Medical Director
Physician Assistant Program
UNDSMHS
Assistant Medical Director
Altru Diabetes Center
FMC-Aitru Health System
Assistant Medical Director
Valley Memorial Homes
Although Im unable to appear in person Id like to offer information regarding tobacco
specifically cigarette taxation and its specific relationship to reducing youth smoking I have
actively been involved in tobacco related issues since beginning my association with NDQuits
formerly known as the North Dakota Tobacco Quitline
We are fortunate to have up to date quality information to support this effort in reducing
smoking among youth in North Dakota Here is the current state of tobacco use among youth
in our state
Cigarette Use
bull 44 ever tried cigarette smoking (1)
bull 19 smoked cigarettes on at least 1 day during the 30 days before the survey
bull 8 smoked cigarettes on 20 or more days during the 30 days before the survey
bull 47 did not try to quit smoking cigarettes (2)
Other Tobacco Use
bull 14 used chewing tobacco snuff or dip on at least 1 day during the 30 days before the
survey
bull 13 smoked cigars cigarillos or little cigars on at least 1 day during the 30 days before the
survey
Any Tobacco Use
bull 28 smoked cigarettes smoked cigars cigarillos or little cigars or used chewing tobacco
snuff or dip on at least 1 day during the 30 days before the survey
The current data support 2 ways to reduce youth smoking One is instituting smoke free laws
North Dakota voters strongly supported this in the election in November 2012 passing North
Dakotas new smoke-free law by a margin of 2 to 1 with every county and legislative district
voting in favor so its pretty clear this is what the people of North Dakota wanted Although
these laws are primarily designed to reduce the infliction of injury on others from secondhand
smoke smoke-free laws do tend to reduce youth smoking
The other way to reduce youth smoking is to increase taxes per pack of cigarettes
In a newly published study in the prestigious American Journal of Public Health doubling the
price of cigarettes decreased youth smoking by 13 which was the most effective way to cut
smoking in this population Its also estimated that in total in the states that increased tobacco
taxes during the study period resulted in 220000 fewer youth smokers
Other established previously published studies showed other benefits from increasing tobacco
taxes
bull Every 10 percent increase in the real price of cigarettes reduces overall cigarette
consumption by approximately three to five percent reduces the number
of young-adult smokers by 35 percent and reduces the number of kids who smoke by
six or seven percent
bull Cigarette price and tax increases work even more effectively to reduce smoking among
males Blacks Hispanics and lower-income smokers
bull A cigarette tax increase that raises prices by ten percent will reduce smoking among
pregnant women by seven percent saving many newborns from suffering from
smoking-affected births and related health consequences
bull Many states note increase in access to quit services such as what North Dakota has with
NDQuits when tobacco taxes increase Wisconsin and Iowa have notable data in this
area- for example Wisconsin went from about 9000 calls a month to 20000 in a month
after a new cigarette tax In Washington the number of smokers decreased by 100000
after their tobacco tax increase
Now I think many would say that North Dakota doesnt need another taxation revenue stream
and we are fortunate in North Dakota in that regard As well the people of North Dakota have
historically supported tobacco prevention funding- for example the well-known so called
Measure 3 of 2008 Currently North Dakota ranks very low in tobacco tax- we are ranked
46th with a state tax of 44 cents per pack The highest tobacco tax state is New York at $435
per pack The overall average is $128 Some may say that tobacco taxes pay for themselves
with health care but its estimated that each pack of cigarettes generates about $10 in health
care costs
Tobacco use itself remains a very expensive problem for North Dakota with an estimated $247
million spent annually on the treatment of tobacco related diseases Cutting down youth
smoking as well as smoking in other groups as noted has the potential to reduce these costs in
the future
Thank you for your time today and I would be happy to answer any other questions regarding
this or other tobacco related diseases or prevention My contact information can be provided
upon request References are provided as well
httpwwwtobaccofreekidsorgresearchfactsheetspdf0097pdf
httpwww n d health gov tobaccoFacts htm
httpwwwtobaccofreekidsorgresearchfactsheetspdf0146pdf
httpwwwcdcgovhealthyyouthyrbspdftobaccond tobacco combopdf
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use
(J amp bull Centers for Disease Control and Prevention ImiddotJj lldraquoA COC 247 Soving Lives Protecting Peopler-
Tobacco Control State Highlights 2012
Abstract
bull Highlights 2012 Abstract bull Highlights 2012 Cby section)
(tobaccodata statisticsstate datastate highlights2012sectionsindexhtm)
bull Highlights 2012 Buttons (tobaccobuttonsstate highlightsindexhtm)
bull Highlights 2012 Download
Page 1 of3 (
(tobaccodata statisticsstate datastate highlights2012zip fileshighlightszip) (Zip-163 MB)
bull Highlights 2012 Factsheet (tobaccodata statisticsstate datastate highlights2012pdfsfactsheetpdf) (PDF-so KB)
bull STATE System Interactive Maps (tobaccodata statisticsstate datastate highlights2012statesystemindexhtm)
Tobacco Control State Highlights 2012
Tobacco use is the single most preventable cause of death in the United States Each year in
the United States cigarette smoking and exposure to secondhand smoke causes 443000-or 1
in 5 deaths Economic losses are also staggering Smoking-caused diseases result in $96 billion
in health care costs annually
httnmiddotumm lrll anvtnhccnrlata statisticsstate datastate highlights2012indexhtm 1282013
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use Page 2 of3 V-
Some states have significantly improved the health of their citizens by reducing smoking rates
thereby decreasing smoking-related diseases deaths and health care costs Even in
economically challenging times states can make a significant difference in public health by
employing high-impact cost-effective tobacco control and prevention strategies as laid out in
the World Health Organizations MPOWER strategic package of interventions proven to
reduce tobacco use prevalence including
bull Monitor tobacco use and prevention policies bull Protect people from tobacco smoke bull Offer help to quit tobacco use bull Warn people about the dangers of tobacco bull Enforce bans on tobacco advertising promotion and sponsorship bull Raise state cigarette taxes on tobacco
Tobacco Control State Highlights 2012 guides states in developing and implementing highshy
impact strategies and assessing their performance This report also provides state-specific data
intended to-
1 Highlight how some states are making great strides in reducing smoking rates using evidence-based strategies while also showing that more work needs to be done in other states
2 Enable readers to see how their own states perform 3 Help policymakers with decision making
Post and share 2012 Tobacco Control State Highlights Buttons (tobaccobuttonsstate highlightsjindexhtm)
Interested in posting this syndicated content on your Web site
See the 1ist of Smoking and Tobacco Use syndicated pages Chttptoolscdcgovsyndicationpagesaspx
mediaCo11ectionld=s) find the page and select the Add to List link next to it
Related Archived Link I
bull Tobacco Control State Highlights 2010 (tobaccodata statisticsstate datastate highlights2010indexhtm) - --
htt I lnrnrm rJ anvtnhJrroclata statisticsstate datastate highlights20 12indexhtm 1282013
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use Page3 of3
Persons with disabilities who experience problems accessing the 2012 Tobacco Control
State Highlights should contact tobaccoinfocdcgov (mailtotobaccoinfocdcgov) or call1
-Soo-CDC-INFO (1-800-232-4636)
Page last reviewed January 24 2013 Page last updated January 24 2013 Content source Office on Smoking and Health National Center for Chronic Disease Prevention and Health Promotion
Centers for Disease Control and Prevention 1600 Clifton Rd Atlanta GA 30333 USA 8oo-CDC-INFO (800-232-4636) TTY (888) 232-6348- Contact CDC-INFO
11ttnwwwcdc 1mvtobaccodata statisticsstate datastate_ highlights2012indexhtm 12820 13
NORTH DAKOTA
Monitor
Adult Current CigaretteSmokeless Tobacco Use
In North Dakota the percentage of adults (ages 18+)
who currently smoke cigarettes was 219 in 2011
Across all states and DC the prevalence of cigarette smoking among adults ranged from 118 to 290
North Dakota ranked 30 among the states
The percentage of adults who currently use smoke-less tobacco was 76 in 2011 Across all states and DC the prevalence ranged from 14 to 98 North Dakota ranked 49 among the states
Current Cigarette and Smokeless Tobacco Use among Adults by Demographic Characteristics
National (median)
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
Less than high school degree
High school degree
More than high school degree
18-24 years old
25-44 years old
45-64 years old
65+ years old
bull Cigarettes
0 10 20
bullbullbull Sample size lt50
ml Smokeless Tobacco
30 40 Percent
50 60 70 80
Source Behavioral Risk Factor Surveillance System 2011
300
NORTH DAKOTA Youth Current CigaretteSmokeless TobaccoCigar Use
In North Dakota the percentage of youth in grades 9-12
who currently smoke cigarettes was 194 in 20 11 The range across 44 states was 59 to 241 North Dakota ranked 34h among 44 states
The percentage of youth who currently use smokeless tobacco was 136 in 2011 The range across 40 states was 35 to 169 North Dakota ranked 36h among 40 states
The percentage of youth who currently smoke cigars was 135 in 201 1 The range across 37 states was 50 to 183 North Dakota ranked 17h among 37 states
The percentage of youth who currently use tobacco (ie cigarettes smokeless tobacco andor cigars) was 283 in 2011 The range across 36 states was 78 to 319 North Dakota ranked 30h among 36 states
Tobacco Use among High School Students by Demographic Characteristics
bull Cigarettes
National
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
9th grade
1Oth grade
11th grade
12th grade
IE Smokeless Tobacco bull Cigars
0 10 20 30 Percent
Cigarettes smokeless tobacco andor cigars Sample size lt100
301
liil Tobacco
40 50 60 70
Source Youth Risk Behavior Survey 2011
NORTH DAKOTA Past-Year Cigarette Initiation
In 2008-2009 of all North Dakota youth ages 12-17
who had never smoked 66 smoked a cigarette for the first time in the past year This ranked 37 in the nation with a range of 33-92 among the states
Of all young adults ages 18-25 who had never smoked 147 smoked a cigarette for the first time in 2008-
2009 This ranked 51 in the nation with a range of 42-147 among the states
Past-Year Cigarette Initiates among Persons Aged 12-25 by Age of First Use 2002-2009
ltfJ c Ql v Ql c
25
20
15
10
5
0
__ Total Initiates -11- Initiates aged 12-17 --+-- Initiates aged 1 8-25
2002-2003 2004-2005 2006-2007 2008-2009
Year Source National Survey on Drug Use and Health 2002-2009
302
NORTH DAKOTA
Protect
Adult Exposure to Secondhand Smoke
Among all adults the percentage who reported being exposed to secondhand smoke within the past 7 days was lower in North Dakota than
Exposure to Secondhand Smoke
in the nation overall In 2009-2010 overall exposure to secondhand smoke in North Dakota was 450 ranking 1 8 among the states
I I I I Overall Workplaces i Homes 1 Vehicles Public Places I I
450
Adults were exposed to secondhand smoke in various locations The table shows the percentage of North Dakota adults who reported any exposure as well as exposure in their home in a vehicle or in indoor or outdoor areas at work or public places in the past 7 days
c Ql
100
Secondhand Smoke Exposure and Opinions about Smoking
in the Workplace bull National bull North Dakota
80
60 Ql a
Adults Reporting Being
Exposed to Secondhand
Smoke (overall)
Adults Who Think
Smoking Should Never be
Allowed in the Workplace
Source National Adult Tobacco Survey 2009-2010
Opinions about Smoking in the Workplace
In 2009-2010 778 of adults in North Dakota thought that smoking should never be allowed in indoor workplaces ranking 30 among the states
303
180 81 150 324 Source National Adult Tobacco Survey 2009-201 0
Smoke-Free Home Rules
In 2009-2010 836 of adults in North Dakota reported that their homes had smoke-free home rules ranking 18 among the states The percentage of homes without smoke-free home rules with children living in them was 284 ranking 11 among the states
Smoke-Free Home Rules and Homes without Rules that have Children
c Ql v Ql a
100
bull National
SmokemiddotFree Home
Rules
bull North Dakota
Homes without Rules
that have Children
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA State Smoke-Free Policy
As ofJune 30 2012 North Dakota had a smokeshyfree law that prohibits smoking in indoor areas of workplaces but not restaurants or bars The state allowed communities to enact local smoke-free laws
Note See Appendix B for updated legislation rhar rakes effect afrer June 30 2012
Offer
Adults Who Made a Quit Attempt in the Last Year
During 2009-2010 552 of North Dakota adult smokers made a quit attempt in the past year ranking 22d among the states
National
Percentage of Smokers Attempting to Quit
WORSE
In North Dakota
552 of adults made a quit attempt
ranking 22d
Source National Adult Tobacco Survey 2009-2010
Quitline Utilization
In 2010 the North Dakota quidine received 7478
calls and 1 342 tobacco users (an estimated 12 of all tobacco users in the state) received telephone counseling cessation medications or both from the state qui dine
Smoke-Free Legislation
I I Local Laws Workplaces Restaurants l Bars Permitted
Yes
I I
No No Yes Designated Smoking Areas t Ventilated Smoking Areas
bull Allowed for nonshyhospitality workplaces
1 Prohibited ror nonshyhospitJiity workplaces
t No Restrictions Allowed smoking in venues that prohibit minors
Note Not all footnotes may be used Source STATE System June 2012
304
Medicaid Coverage for Counseling and Medications
In 2010 North Dakotas Medicaid program provided incomplete coverage through Medicaid for tobaccoshydependence treatment North Dakota provided full coverage for some nicotine replacement therapies full coverage for varenicline full coverage for bupropion and no coverage for counseling (individual or group)
Medicaid Coverage for Counseling and Medications
Comprehensive Coverage
No
I Counseling NRT
Ms (On
1e or 1 Varenicline Jl Bupropion (Individual
ore andor Group)
Yes Yes Yes No
Pregnant women only t Fee-for-service only
Available only via the quitline
Note Not all footnotes may be used Source Halpinet a 2011
NORTH DAKOTA
Warn
Tobacco Counter-Marketing Media Intensity
CDC Best Practices recommendations translate into an average quarterly exposure of 1200 general audience gross raring points (GRPs) and 800 youth target raring points (TRPs) in effective anti-tobacco media campaigns North Dakota had an average of 10356 general audience GRPs and 1436 youth TRPs per quarter in television advertising supporting tobacco control messages in 2010
Anti-Tobacco Media Campaign Intensity G RPs Per Quarter
National
Median
2427 GRPs
General Audience
WORSE
North Dakota
Average 10356
GRPs (101h)
Source CDCOSH
Anti-Tobacco Media Campaign Intensity T RPs Per Quarter
National
Median
3 97TRPs
Youth (12-17Years)
WORSE
North
Dakota Average 1436 TRPs (13h)
Source CDCOSH
305
Knowledge of the Dangers of Tobacco
In North Dakota 657 of adults thought that breathing smoke from other peoples cigarettes or other tobacco products is very harmful to ones health in 2009-2010 Additionally 832 thought that cigarette smoking is very addictive
Secondhand Smoke
National
Average
656
WORSE
In North Dakota 657 of adults thought
__ secondhand smoke is very harmful The range
across all states was 721 to 559 North
Dakota ranked 17h
among the states
Source National Adult Tobacco Survey 2009-2010
Addictiveness of Smoking
National
Average
854
WORSE
In North Dakota 832 of adults thought that
smoking is very addictive The range across all states was
905 to 806 North __ Dakota ranked 45h among the states
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA
Enforce
State Allows Local Advertising and Promotion Laws State Allows Local Laws
As ofJune 30 2012 North Dakota allowed local regulation of tobacco industry promotions tobacco product sampling and display of tobacco products in commercial establishments
Promotion t Sampling I Display
Yes Yes Yes Source STATE System June 2012
Over-the-Counter Retail Licensure
As of June 30 2012 North Dakota required all establishments selling cigarettes and smokeless tobacco products over-the-counter to be licensed Nationally 37
states required over-the-counter licensure for cigarettes 29 of which also have a requirement for smokeless tobacco with various renewal frequencies fees and penalties for violations
Over-the-Counter Licensure and Penalties
Over-the- Minimum I Renewal I Penalty to Licensure Counter License License Fee Required I Business Includes _ Rqired _ _ (amp Frequelcy) _ Sruo_kes Toacc
$1500
Yes Yes
bull Annually Note Not all footnotes may be used bull Class A Misdemeanor Fine or Imprisonment or both Source STATE System June 2012
306
NORTH DAKOTA
Raise
Amount of Tobacco Product Excise Tax
As of June 302012 the excise tax on cigarettes in North Dakora was $044 per pack ranking 46h among the states The tax on cigars was 28 of the wholesale purchase price per cigar and for little cigars the tax was 28 of the wholesale purchase price per pack of 20 The tax on chewing tobacco was $0 I 6 per ounce with snuff taxed at $060 per ounce
Amount of Cigarette Excise Tax
National
Median
$1339
WORSE
As of June 30 2012
North Dakota had a
$044 cigarette excise tax-ranking 461h
among the states The range across states was
$435 to $017 per pack
Source STATE System June 2012
307
Price Paid for Last Cigarettes Purchased
In North Dakota 656 of adult smokers bought their last cigarettes by the pack and 344 bought them by the carton in 2009-2010 The average price that North Dakota smokers reported paying for their last pack of cigarettes was $433 in 2009-201 0 the range among states was $798 to $404 The average price that North Dakota smokers reponed paying for their last carton of cigarettes was $3561 in 2009-2010 the range among 45
states with valid data was $6445 to $3046
CAMPAIGN ov ToBACco-fREE
Kirk-middot
bull
ancer Action jii
N EW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVI NGS FROM A $100 CIGARETTE TAX I N C REASE I N NORTH DAKOTA
Cu rrent state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $1 048 per pack
Annual health care expenditu res in North Dakota directly caused by tobacco use $247 m illion S mokin g-caused state Med icaid program spending each year $47 mi l l ion
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $325 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase Percent decrease in youth smoking 154
-- -- -------------------------------------
Kids in North Dakota kept from becoming addicted adult smokers 6300 ------------------ --------------------------------------------------------------------------------
Current adult smokers in the state who would quit 5200 -----------------------------------------------------------------
Smoking-affected births avoided over next five years 900 -- -- --------
North Dakota residents saved from premature smoking-caused death 3400 ----middot-------------------- ------------------------------------------- middot --
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000 ------------ -----------------------------------
5- Year health care cost savings from fewer smoking-affected pregnancies amp births $213 mil l ion f-------------------------------------------------------------------------------------------------------------------------5- Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 mil l ion r------------------------------------------------------------------------------------------------------5- Year Medicaid program savings for the state $240000 ------------------------------------------------------------------------------------------------------- -----------
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 mil l ion 122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly diminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new reven ues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider all aspects of state tax pol icy related to OTPs (incl uding the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category linked to the state cigarette tax rate on a per-package or pe r-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoliciesltaxlus state local and httpwwwacscanorqltobaccopolicv
For more on sources and calculations see httpllwwwtobaccofreekidsorgresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Explanations amp Notes
Health care costs l isted at the top of the page are from the US Centers for Disease Control and Prevention
Projections a re based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the higher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggling and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion httptobaccofreekidsorgresearchfactsh eetspdf0274pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate i ncrease All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are limited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also limited because small tax i ncreases are unl ikely to produce significant public health benefits
Ongoing reductions in state smoking rates wil l over time gradually erode state cigarette tax revenues (in the absence of any new rate increases) But those declines are more predictable and less volatile than many other state revenue sources such as state income tax or corporate tax revenues (which can drop sharply during recessions) In addition the smoking declines that reduce tobacco tax revenues will simultaneously produce much larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdf0357pdf
For more on sources and calculations see httplwww tobaccofreekidsorqresearchlfactsheetslpdf028 1pdf
Needed State Efforts to P rotect State Tobacco Tax Revenues
Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qual ifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on all tobacco products to block tax evasion and promote tax equity No
High-tech tax stamps to stop counterfeiting and other smuggling and tax evasion No
Retailers lose license if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
North Dakota Tobacco Prevention and Control Executive Comm ittee
Center for Tobacco Prevention and Control Policy 4023 State Street Suite 65 bull Bismarck N D 58503-0638
Phone 70 1 328 5 1 30 middot Fax 701 328 5 1 35 middot Tol l Free 1 877277 5090
Testimony House Bil l 1 387
1 0 00 am Jan uary 29 20 1 3 House F inance and Taxation Comm ittee
Good morning Chairman Belter and members of the House Finance and Tax Committee I am Jeanne Prom executive director of the N D Center for Tobacco Prevention and Control Policy
I ncreasing the tobacco tax sig nificantly wil l lead to a decrease in tobacco use in our state Tobacco use is the leading cause of preventable disease and death and the tol l of tobacco u se in North Dakota is hig h
bull An n ual health care costs in North Dakota directly caused by smoking $247 mil l ion bull Portion paid by the state Medicaid prog ram annually $47 mil l ion bull N u mber of North Dakota adu lts who will die from smoking this year 800 bull High school students who smoke 7 400 (1 94) bull Male hig h school students who use smokeless or spit tobacco 22 2 bull Kids u nder 1 8 who become new daily smokers each year 600
The North Dakota Tobacco Prevention and Control Advisory Committee in its plan Saving Lives - Saving Money North Dakota s Comprehensive State Plan to Prevent and Control Tobacco Use cal ls for a sig nificant increase in al l tobacco taxes - to $2pack - to keep kids from starting and prompt users to quit As you can see on the attachments North Dakotas tobacco tax is one of the lowest in the country at 44 centspack This tax hasnt been increased since 1 993 The low tax resu lts in inexpensive tobacco that is affordable to youth and populations with l imited incomes and high smoking rates High tobacco taxes work most effectively to cut use among lower-income smokers and young male smokeless tobacco users - two g roups that suffer disproportionately from the harms of tobacco use
Tobacco use and its health hazards are completely preventable Raising the tobacco tax to $2pack with a comparable tax amou nt on other tobacco products can be expected to
bull Decrease youth smoking by 24 bull Reduce the number of kids from becoming addicted adult smokers by 9 900 bull Reduce the n umber of adults in the state who smoke by 8 200 bull Save the state mil l ions of dol lars in smoking-related health care costs over j ust 5 years
Please consider H B 1 387 with amendments to i ncrease the tobacco tax to $2pack with a comparable tax increase on al l other tobacco products
Thank you for your time and consideration I am happy to respond to any questions
The To bacco i n N o rth Da kota Updated Dec 5 2012
The Tol l of Tobacco in North Dakota
High school students who 1 94 (7400)
smoke middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot
Male high school stuents who 222
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t
Kids (under 1 8) who become 600
-middot- -IY S- X
Kids exposed to secondhand 42000
smoke at home Packs of cigarettes bought or
1 9 m il l ion lt9 Y i
------ Xr
Adu lts in North Dakota who smoke
21 9 ( 1 1 6 600)
Due to changes in CDCs methodology the 20 1 1 adult smoking rate cannot be
compared to adult smoking data from previous years
US National Data (201 1 )
i- -ltl flin
rt
Male h igh school students who 1 28
use smokeless tobacco
- n9 1 g(
Deaths i n North Da kota from Sm oking
Adults who die each year from th
k 800
e1r own smo mg
Kids now under 1 8 and alive in North Dakota who will ultimately 1 1 000 die prematurely from smoking
Smoking kil ls more people than alcohol AIDS car crashes i l legal drugs murders and suiCides combined - and thousands more die from other tobacco-related
causes - such as fires caused by smoking (more than 1 000 deathsyear nationwidr d smokeless tobacco use
Sm oking-Caused Monetary Costs in North Dakota
Annual health care costs in North Dakota directly caused by$247 m i ll ion
ltn
Portion covered by the state $47 m il l ion
-ii P9--
Residents state amp federal tax burden from srnoking-caused $574 per house hold
V-nt Pn i_
t
r
Smoking-caused productivity $ 1 92 m i l l ion
losses in North Dakota
Amounts do not include health costs caused by exposure to secondhand smoke smoking-caused fires smokeless tobacco use or cigar and pipe smoking Tobacco vse also imposes additional costs such as workplace productivity losses and damage to property
Tobacco Industry I nflue nce in North Dakota
Annual tobacco industry marketing expenditures nationwide
$85 bil l ion
Estimated portion spent for North Dakota marketing each $257 m il l ion
year
Published research studies have found that kids are twice as sensitive to tobacco advertising than adults and are more l ikely to be influenced to smoke by cigarette marketing than by peer pressure One-third of underage experimentation with smoking is attributable to tobacco company advertising
View sources of information
More detailed fact sheets on tobaccos toll in each state are avai lable by emailing factsheetstobaccofreekids org
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Guam $300 No Marianas Islands $1 75
MAP OF STATE CIGARETTE TAX RATES
Average State Cigarette Tax $1 48 per Pack
Average Cigarette Tax in M ajor Tobacco States 485 cents per Pack
Average Cigarette Tax in N on-Tobacco States $1 61 per Pack
TX $1 41
gt
$320 Puerto Rico $223
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate since 1 999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $ 1 00 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or h igher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages l i sted above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The major tobacco states with extensive tobacco farming and often cigarette manufacturin g are NC KY VA SC TN amp GA Federal cigarette tax is $1 01 per pack Not shown are the special taxes or fee s some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local g overnments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) N ew York City ($1 50) and Anchorage AK ($2206) The U S Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $ 1 047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn
For m o re information on state cigarette taxes and the benefits from increasing them see httpwwwtobaccofreekidsorgfacts issuesfact s h eetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1 400 I Street NW middot Suite 1 200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekid sorg
State Tax
Alabama $0425 Alaska $200 Arizona $200 Arkansas $1 1 5 California $087 Colorado $084 Connecticut $340 Delaware $1 60 DC $250 Florida $1 339 Georgia $037 Hawai i $320 Idaho $057 I l l inois $1 98
Indiana $0995 Iowa $ 1 36 Kansas $079 Kentucky $060
STATE CIGARETTE EXCISE TAX RATES amp RANKINGS
Overal l All States Average $1 48 per pack
Major Tobacco States Average 485 cents per pack Other States Average $1 61 per pack
Rank State Tax Rank State
47th Louisiana $036 49th Oklahoma 1 1 th Maine $200 1 1 th Oregon 1 1 th Maryland $200 1 1 th Pennsylvania 30th Massachusetts $251 9th Rhode Island 33rd Michigan $200 1 1 th South Carolina 34th Minnesota $1 23 28th South Dakota 3rd Mississippi $068 37th Tennessee
2 1 st Missouri $0 1 7 5 1 st Texas 1 0th Montana $1 70 1 7th Utah 26th Nebraska $064 38th Vermont 48th Nevada $080 35th Virginia 4th New Hampshire $ 1 68 1 9th Washington
42nd New Jersey $270 6th West Virgin ia 1 6th New Mexico $1 66 20th Wisconsin
32nd New York $435 1 st Wyoming 25th North Carolina $045 45th Puerto Rico 36th North Dakota $044 46th G uam 40th Ohio $ 1 25 27th Northern Marianas
Tax stamp Includes 75cent health 1mpact fee
Tax Rank
$1 03 3 1 st $1 1 8 29th $1 60 2 1 st $350 2nd $057 42nd $ 1 53 23rd $062 39th $1 41 24th $1 70 1 7th $262 7th $0 30 50th
$3025 5th $055 44th $2 52 8th $060 40th $223 NA $300 NA $1 75 NA
Table shows al l cigarette tax rates in effect now Since 2002 47 states DC and several US territories have increased their cigarette tax rates more than 1 05 times The three states in bold type have not increased their cigarette tax since 1 999 or earlier Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $1 00 per pack or higher 14 states DC and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $4 00 per pack Tobacco states are KY VA NC SC GA and TN States average includes DC but not Puerto Rico other U S territories or local cigarette taxes The median tax rate is $1 34 per pack AK M l MN MS UT also have special taxes or fees on brands of manufacturers not participating in the state tobacco lawsuit settlements (NPMs)
The highest combined state-local tax rate is $585 in New York City with Chicago IL second at $566 per pack Other high state-local rates include Evanston IL at $548 and Anchorage AK at $4206 per pack For more on local cigarette taxes see httptobaccofreekids orgresearchfactsheetspdf0267 pdf
Federal cigarette tax is $1 01 per pack From the beginning of 1 998 through 2002 the m ajor cigarette companies increased the prices they charge by more than $1 25 per pack (but also instituted aggressive retail-level discounting for competitive pu rposes and to reduce related consumption declines) In January 2003 Philip Morris instituted a 65-cent per pack price cut for four of its major brands to replace its retail-level discounting and fight sales losses to discount brands and R J Reynolds followed suit In the last several years the major cigarette companies have increased their product prices by almost $ 1 00 per pack The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs total $1047 per pack sold and consumed in the US The average price for a pack of cigarettes nationwide is roughly $600 (including statewide sales taxes but not local cigarette or sales taxes other than NYCs $1 50 per pack cigarette tax) with considerable state-to-state differences because of d ifferent state tax rates and different manufacturer wholesaler and retailer pricing and discounting practices AK DE MT NH amp OR have no state retai l sales tax at al l OK has a state sales tax but does not apply it to cigarettes MN amp DC apply a per-pack sales tax at the wholesale level and AL GA amp MO (unl ike the rest of the states) do not apply their state sales tax to that portion of retai l cigarette prices that represents the states cigarette excise tax
Campaign for Tobacco-Free Kids December 13 2012 I Ann Boonn
For additional i nformation see the Cam paigns website at httplwwwtobaccofreekidsorgwhat we dostate localtaxes
Sources Orzechowski amp Walker Tax Burden on Tobacco 201 1 media reports state revenue department websites
middot Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change ih the actual excise tax rates just the way that the rates are listed
1 400 I Street NW - Suite 1 200 - Washington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
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NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $156 CIGARETTE TAX INCREASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $ 1 048 per pack
Annual health care expend itures in North Dakota directly caused by tobacco use $247 m ill ion Smoking-caused state Med icaid program spending each year $47 m il lion
New Annual Revenue from Increasing the Cigarette Tax Rate by $156 Per Pack $4109 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate I nc rease
Percent decrease in youth smoking 240 Kids in North Dakota kept from becoming addicted adult smokers 9900 Current adult smokers in the state who would quit 800 Smoking-affected births avoided over next five years 1 500 North Dakota residents saved from premature smoking-caused death 5400 5-Year health care cost savings from fewer smoking-caused lung cancer cases $1 26 million
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $333 mill ion
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $233 mill ion
5-Year Medicaid program savings for the state $380000 Long-term health care cost savings in the state from adult amp youth smoking declines $35066 mil l ion
122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years wi l l similarly diminish or el iminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider al l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $2 00 per pack cigarette tax the states new OTP tax rate should be at least 60 of the wholesale price with m inimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoiciesltaxlus state local and httpllwwwacscanorqltobaccopoicy
For m ore on sources and calculations see httpllwwwtobaccofreekidsorglresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer A ction Network Melissa Maitin-Shepard
Explanations amp Notes Health care costs l isted at the top of the page are from the US Centers for Disease Control and P revention
Projections are based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the h igher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggl ing and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion http 1tobaccofreekids orgresearchfactsheetspdf027 4 pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate increase All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are l imited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also l imited because small tax increases are unl ikely to produce significant public health benefits
Ongoing red uctions in state smoking rates will over time gradually erode state cigarette tax revenues (in the absence of any new rate i ncreases) But those declines are more predictable and less volatile than many other state revenue sources such as state i ncome tax or corporate tax revenues (which can drop sharply during recessions) I n addition the smoking declines that reduce tobacco tax revenues will sim ultaneously produce m uch larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdfl0357 pdf
For more on sources and calculations see httpllwww tobaccofreekidsorqlresearchlfactsheetspdf0281 pdf
Needed State Efforts to Protect State Tobacco Tax Revenues Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qualifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on al l tobacco products to block tax evasion and promote tax equity No
H ig h-tech tax stamps to stop counterfeiting and other smuggl ing and tax evasion No
Retailers lose l icense if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
Testimony of Bill Shalhoob
Greater North Dakota Chamber of Commerce HB 1 3 87
January 29 20 1 3
Greater North Dakota Chamber
Mr Chairman and members of the committee My name is Bill Shalhoob and I am here today representing the Greater North Dakota Chamber of Commerce the champions for business in North Dakota GNDC is working to build the strongest business environment possible through its more than 1 1 00 business members as well as partnerships and coalitions with local chambers of commerce from across the state GNDC also represents the National Association of
Manufacturers and works closely with the US Chamber of Commerce As a group we stand in opposition to HB 1d urge a do not pass from your committee on the bill
nn GNDC has a long history of opposing excise taxes which we believe are onerous and unfair
We have a difficult time understanding this bill and the tax increase from 1 7 mills to 45 mills a
1 65 raise according to our math proposed in it North Dakota certainly does not need the
additional revenue that might come from this tax increase Our focus in this session is on tax decreases not increases If we are trying to do social engineering that is to discourage the practice the tax code is a poor place to do it If the goal is to eliminate smoking introduce a bil l prohibiting the sale or use of tobacco products in the state As witnessed by our experience with Minnesota increasing their cigarette tax with a health fee all we do is drive sales to a lower priced location by passing this bil l We see no acceptable reason to enact this tax
Thank you for the opportunity to appear before you today in opposition to HB 1 3 87 I would be happy to answer any questions
Champions Business
PO Box 2639 P 701middot222-0929 Bismarck NO 58502 F 701-222-1611
wwwndcharnbercorn
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North Dakota Retai l Association NO Petroleum Marketers Association
North Dakota Propane Gas Association
---- LEG S LAT VE BU LLET N Testimony- HB 1387
January 29 2013- House Finance and Tax Committee
Chairman Belter and Members of the House Finance and Tax Committee
We know any type of tax tends to put the squeeze on consumer spending potentially strain
household budgets and curb retail sales Which is exactly why the North Dakota Petroleum
Marketers Association and its 400 members from across the state are asking you to vote
NO on HB 1387
Passage of HB 1387 will burden North Dakotas lower Income Earners Cigarette
excise taxes are regressive in nature B ased on data from the Center for
Disease Control roughly 30 of adults in North Dakota who earn less than
$ 15000 are smokers whereas only 160 of adults who earn $50000 or
more are smokers Raising taxes will further unfairly burden low-income
earners
Passage of HB 1387 will harm the retail sector as well
Increasing the excise tax could hurt legitimate retailers when
adult smokers shift purchases to other outlets such as the internet This
would negatively affect North Dakota s 1 300 retailers
Even more pressing is the fear Passage of HB 1387 could increase illegal cigarette trafficking
An excise tax increase could provide incentives for smuggling and other
contraband activities resulting in lost revenues According to the Bureau of
1 02 5 North 3rd Street bull PO Box 1 9 5 6 bull Bismarck NO 58502 bull 701 -223-3370 bull Fax 7 0 1 -223-5004 Web Address ndretailorg bull ndpetroleumorg bull ndpropaneorg
Alcohol Tobacco Firearms and Explosives cigarette smuggling has
turned into a lucrative business for criminals who trade cigarettes and other
tobacco products on the black market Nationally its estimated $5 billion in
tax revenue annually is lost on the black market
For all of these reasons NDPMA is asking for a NO vote on HB 1387
Thank you for your time and consideration
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote
I i I I I I I I I I i I I I I I I I I II I I I I I I -- - 1 I O i I lt_ H I fi 61
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From Dr Eric L Johnson MD Grand Forks ND
President
Tobacco Free North Dakota
Associate Professor
Department of Family and Community Medicine
UNDSMHS
Director lnterprofessional Education
UNDSMHS
Medical Director
Physician Assistant Program
UNDSMHS
Assistant Medical Director
Altru Diabetes Center
FMC-Aitru Health System
Assistant Medical Director
Valley Memorial Homes
Although Im unable to appear in person Id like to offer information regarding tobacco
specifically cigarette taxation and its specific relationship to reducing youth smoking I have
actively been involved in tobacco related issues since beginning my association with NDQuits
formerly known as the North Dakota Tobacco Quitline
We are fortunate to have up to date quality information to support this effort in reducing
smoking among youth in North Dakota Here is the current state of tobacco use among youth
in our state
Cigarette Use
bull 44 ever tried cigarette smoking (1)
bull 19 smoked cigarettes on at least 1 day during the 30 days before the survey
bull 8 smoked cigarettes on 20 or more days during the 30 days before the survey
bull 47 did not try to quit smoking cigarettes (2)
Other Tobacco Use
bull 14 used chewing tobacco snuff or dip on at least 1 day during the 30 days before the
survey
bull 13 smoked cigars cigarillos or little cigars on at least 1 day during the 30 days before the
survey
Any Tobacco Use
bull 28 smoked cigarettes smoked cigars cigarillos or little cigars or used chewing tobacco
snuff or dip on at least 1 day during the 30 days before the survey
The current data support 2 ways to reduce youth smoking One is instituting smoke free laws
North Dakota voters strongly supported this in the election in November 2012 passing North
Dakotas new smoke-free law by a margin of 2 to 1 with every county and legislative district
voting in favor so its pretty clear this is what the people of North Dakota wanted Although
these laws are primarily designed to reduce the infliction of injury on others from secondhand
smoke smoke-free laws do tend to reduce youth smoking
The other way to reduce youth smoking is to increase taxes per pack of cigarettes
In a newly published study in the prestigious American Journal of Public Health doubling the
price of cigarettes decreased youth smoking by 13 which was the most effective way to cut
smoking in this population Its also estimated that in total in the states that increased tobacco
taxes during the study period resulted in 220000 fewer youth smokers
Other established previously published studies showed other benefits from increasing tobacco
taxes
bull Every 10 percent increase in the real price of cigarettes reduces overall cigarette
consumption by approximately three to five percent reduces the number
of young-adult smokers by 35 percent and reduces the number of kids who smoke by
six or seven percent
bull Cigarette price and tax increases work even more effectively to reduce smoking among
males Blacks Hispanics and lower-income smokers
bull A cigarette tax increase that raises prices by ten percent will reduce smoking among
pregnant women by seven percent saving many newborns from suffering from
smoking-affected births and related health consequences
bull Many states note increase in access to quit services such as what North Dakota has with
NDQuits when tobacco taxes increase Wisconsin and Iowa have notable data in this
area- for example Wisconsin went from about 9000 calls a month to 20000 in a month
after a new cigarette tax In Washington the number of smokers decreased by 100000
after their tobacco tax increase
Now I think many would say that North Dakota doesnt need another taxation revenue stream
and we are fortunate in North Dakota in that regard As well the people of North Dakota have
historically supported tobacco prevention funding- for example the well-known so called
Measure 3 of 2008 Currently North Dakota ranks very low in tobacco tax- we are ranked
46th with a state tax of 44 cents per pack The highest tobacco tax state is New York at $435
per pack The overall average is $128 Some may say that tobacco taxes pay for themselves
with health care but its estimated that each pack of cigarettes generates about $10 in health
care costs
Tobacco use itself remains a very expensive problem for North Dakota with an estimated $247
million spent annually on the treatment of tobacco related diseases Cutting down youth
smoking as well as smoking in other groups as noted has the potential to reduce these costs in
the future
Thank you for your time today and I would be happy to answer any other questions regarding
this or other tobacco related diseases or prevention My contact information can be provided
upon request References are provided as well
httpwwwtobaccofreekidsorgresearchfactsheetspdf0097pdf
httpwww n d health gov tobaccoFacts htm
httpwwwtobaccofreekidsorgresearchfactsheetspdf0146pdf
httpwwwcdcgovhealthyyouthyrbspdftobaccond tobacco combopdf
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use
(J amp bull Centers for Disease Control and Prevention ImiddotJj lldraquoA COC 247 Soving Lives Protecting Peopler-
Tobacco Control State Highlights 2012
Abstract
bull Highlights 2012 Abstract bull Highlights 2012 Cby section)
(tobaccodata statisticsstate datastate highlights2012sectionsindexhtm)
bull Highlights 2012 Buttons (tobaccobuttonsstate highlightsindexhtm)
bull Highlights 2012 Download
Page 1 of3 (
(tobaccodata statisticsstate datastate highlights2012zip fileshighlightszip) (Zip-163 MB)
bull Highlights 2012 Factsheet (tobaccodata statisticsstate datastate highlights2012pdfsfactsheetpdf) (PDF-so KB)
bull STATE System Interactive Maps (tobaccodata statisticsstate datastate highlights2012statesystemindexhtm)
Tobacco Control State Highlights 2012
Tobacco use is the single most preventable cause of death in the United States Each year in
the United States cigarette smoking and exposure to secondhand smoke causes 443000-or 1
in 5 deaths Economic losses are also staggering Smoking-caused diseases result in $96 billion
in health care costs annually
httnmiddotumm lrll anvtnhccnrlata statisticsstate datastate highlights2012indexhtm 1282013
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use Page 2 of3 V-
Some states have significantly improved the health of their citizens by reducing smoking rates
thereby decreasing smoking-related diseases deaths and health care costs Even in
economically challenging times states can make a significant difference in public health by
employing high-impact cost-effective tobacco control and prevention strategies as laid out in
the World Health Organizations MPOWER strategic package of interventions proven to
reduce tobacco use prevalence including
bull Monitor tobacco use and prevention policies bull Protect people from tobacco smoke bull Offer help to quit tobacco use bull Warn people about the dangers of tobacco bull Enforce bans on tobacco advertising promotion and sponsorship bull Raise state cigarette taxes on tobacco
Tobacco Control State Highlights 2012 guides states in developing and implementing highshy
impact strategies and assessing their performance This report also provides state-specific data
intended to-
1 Highlight how some states are making great strides in reducing smoking rates using evidence-based strategies while also showing that more work needs to be done in other states
2 Enable readers to see how their own states perform 3 Help policymakers with decision making
Post and share 2012 Tobacco Control State Highlights Buttons (tobaccobuttonsstate highlightsjindexhtm)
Interested in posting this syndicated content on your Web site
See the 1ist of Smoking and Tobacco Use syndicated pages Chttptoolscdcgovsyndicationpagesaspx
mediaCo11ectionld=s) find the page and select the Add to List link next to it
Related Archived Link I
bull Tobacco Control State Highlights 2010 (tobaccodata statisticsstate datastate highlights2010indexhtm) - --
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CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use Page3 of3
Persons with disabilities who experience problems accessing the 2012 Tobacco Control
State Highlights should contact tobaccoinfocdcgov (mailtotobaccoinfocdcgov) or call1
-Soo-CDC-INFO (1-800-232-4636)
Page last reviewed January 24 2013 Page last updated January 24 2013 Content source Office on Smoking and Health National Center for Chronic Disease Prevention and Health Promotion
Centers for Disease Control and Prevention 1600 Clifton Rd Atlanta GA 30333 USA 8oo-CDC-INFO (800-232-4636) TTY (888) 232-6348- Contact CDC-INFO
11ttnwwwcdc 1mvtobaccodata statisticsstate datastate_ highlights2012indexhtm 12820 13
NORTH DAKOTA
Monitor
Adult Current CigaretteSmokeless Tobacco Use
In North Dakota the percentage of adults (ages 18+)
who currently smoke cigarettes was 219 in 2011
Across all states and DC the prevalence of cigarette smoking among adults ranged from 118 to 290
North Dakota ranked 30 among the states
The percentage of adults who currently use smoke-less tobacco was 76 in 2011 Across all states and DC the prevalence ranged from 14 to 98 North Dakota ranked 49 among the states
Current Cigarette and Smokeless Tobacco Use among Adults by Demographic Characteristics
National (median)
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
Less than high school degree
High school degree
More than high school degree
18-24 years old
25-44 years old
45-64 years old
65+ years old
bull Cigarettes
0 10 20
bullbullbull Sample size lt50
ml Smokeless Tobacco
30 40 Percent
50 60 70 80
Source Behavioral Risk Factor Surveillance System 2011
300
NORTH DAKOTA Youth Current CigaretteSmokeless TobaccoCigar Use
In North Dakota the percentage of youth in grades 9-12
who currently smoke cigarettes was 194 in 20 11 The range across 44 states was 59 to 241 North Dakota ranked 34h among 44 states
The percentage of youth who currently use smokeless tobacco was 136 in 2011 The range across 40 states was 35 to 169 North Dakota ranked 36h among 40 states
The percentage of youth who currently smoke cigars was 135 in 201 1 The range across 37 states was 50 to 183 North Dakota ranked 17h among 37 states
The percentage of youth who currently use tobacco (ie cigarettes smokeless tobacco andor cigars) was 283 in 2011 The range across 36 states was 78 to 319 North Dakota ranked 30h among 36 states
Tobacco Use among High School Students by Demographic Characteristics
bull Cigarettes
National
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
9th grade
1Oth grade
11th grade
12th grade
IE Smokeless Tobacco bull Cigars
0 10 20 30 Percent
Cigarettes smokeless tobacco andor cigars Sample size lt100
301
liil Tobacco
40 50 60 70
Source Youth Risk Behavior Survey 2011
NORTH DAKOTA Past-Year Cigarette Initiation
In 2008-2009 of all North Dakota youth ages 12-17
who had never smoked 66 smoked a cigarette for the first time in the past year This ranked 37 in the nation with a range of 33-92 among the states
Of all young adults ages 18-25 who had never smoked 147 smoked a cigarette for the first time in 2008-
2009 This ranked 51 in the nation with a range of 42-147 among the states
Past-Year Cigarette Initiates among Persons Aged 12-25 by Age of First Use 2002-2009
ltfJ c Ql v Ql c
25
20
15
10
5
0
__ Total Initiates -11- Initiates aged 12-17 --+-- Initiates aged 1 8-25
2002-2003 2004-2005 2006-2007 2008-2009
Year Source National Survey on Drug Use and Health 2002-2009
302
NORTH DAKOTA
Protect
Adult Exposure to Secondhand Smoke
Among all adults the percentage who reported being exposed to secondhand smoke within the past 7 days was lower in North Dakota than
Exposure to Secondhand Smoke
in the nation overall In 2009-2010 overall exposure to secondhand smoke in North Dakota was 450 ranking 1 8 among the states
I I I I Overall Workplaces i Homes 1 Vehicles Public Places I I
450
Adults were exposed to secondhand smoke in various locations The table shows the percentage of North Dakota adults who reported any exposure as well as exposure in their home in a vehicle or in indoor or outdoor areas at work or public places in the past 7 days
c Ql
100
Secondhand Smoke Exposure and Opinions about Smoking
in the Workplace bull National bull North Dakota
80
60 Ql a
Adults Reporting Being
Exposed to Secondhand
Smoke (overall)
Adults Who Think
Smoking Should Never be
Allowed in the Workplace
Source National Adult Tobacco Survey 2009-2010
Opinions about Smoking in the Workplace
In 2009-2010 778 of adults in North Dakota thought that smoking should never be allowed in indoor workplaces ranking 30 among the states
303
180 81 150 324 Source National Adult Tobacco Survey 2009-201 0
Smoke-Free Home Rules
In 2009-2010 836 of adults in North Dakota reported that their homes had smoke-free home rules ranking 18 among the states The percentage of homes without smoke-free home rules with children living in them was 284 ranking 11 among the states
Smoke-Free Home Rules and Homes without Rules that have Children
c Ql v Ql a
100
bull National
SmokemiddotFree Home
Rules
bull North Dakota
Homes without Rules
that have Children
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA State Smoke-Free Policy
As ofJune 30 2012 North Dakota had a smokeshyfree law that prohibits smoking in indoor areas of workplaces but not restaurants or bars The state allowed communities to enact local smoke-free laws
Note See Appendix B for updated legislation rhar rakes effect afrer June 30 2012
Offer
Adults Who Made a Quit Attempt in the Last Year
During 2009-2010 552 of North Dakota adult smokers made a quit attempt in the past year ranking 22d among the states
National
Percentage of Smokers Attempting to Quit
WORSE
In North Dakota
552 of adults made a quit attempt
ranking 22d
Source National Adult Tobacco Survey 2009-2010
Quitline Utilization
In 2010 the North Dakota quidine received 7478
calls and 1 342 tobacco users (an estimated 12 of all tobacco users in the state) received telephone counseling cessation medications or both from the state qui dine
Smoke-Free Legislation
I I Local Laws Workplaces Restaurants l Bars Permitted
Yes
I I
No No Yes Designated Smoking Areas t Ventilated Smoking Areas
bull Allowed for nonshyhospitality workplaces
1 Prohibited ror nonshyhospitJiity workplaces
t No Restrictions Allowed smoking in venues that prohibit minors
Note Not all footnotes may be used Source STATE System June 2012
304
Medicaid Coverage for Counseling and Medications
In 2010 North Dakotas Medicaid program provided incomplete coverage through Medicaid for tobaccoshydependence treatment North Dakota provided full coverage for some nicotine replacement therapies full coverage for varenicline full coverage for bupropion and no coverage for counseling (individual or group)
Medicaid Coverage for Counseling and Medications
Comprehensive Coverage
No
I Counseling NRT
Ms (On
1e or 1 Varenicline Jl Bupropion (Individual
ore andor Group)
Yes Yes Yes No
Pregnant women only t Fee-for-service only
Available only via the quitline
Note Not all footnotes may be used Source Halpinet a 2011
NORTH DAKOTA
Warn
Tobacco Counter-Marketing Media Intensity
CDC Best Practices recommendations translate into an average quarterly exposure of 1200 general audience gross raring points (GRPs) and 800 youth target raring points (TRPs) in effective anti-tobacco media campaigns North Dakota had an average of 10356 general audience GRPs and 1436 youth TRPs per quarter in television advertising supporting tobacco control messages in 2010
Anti-Tobacco Media Campaign Intensity G RPs Per Quarter
National
Median
2427 GRPs
General Audience
WORSE
North Dakota
Average 10356
GRPs (101h)
Source CDCOSH
Anti-Tobacco Media Campaign Intensity T RPs Per Quarter
National
Median
3 97TRPs
Youth (12-17Years)
WORSE
North
Dakota Average 1436 TRPs (13h)
Source CDCOSH
305
Knowledge of the Dangers of Tobacco
In North Dakota 657 of adults thought that breathing smoke from other peoples cigarettes or other tobacco products is very harmful to ones health in 2009-2010 Additionally 832 thought that cigarette smoking is very addictive
Secondhand Smoke
National
Average
656
WORSE
In North Dakota 657 of adults thought
__ secondhand smoke is very harmful The range
across all states was 721 to 559 North
Dakota ranked 17h
among the states
Source National Adult Tobacco Survey 2009-2010
Addictiveness of Smoking
National
Average
854
WORSE
In North Dakota 832 of adults thought that
smoking is very addictive The range across all states was
905 to 806 North __ Dakota ranked 45h among the states
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA
Enforce
State Allows Local Advertising and Promotion Laws State Allows Local Laws
As ofJune 30 2012 North Dakota allowed local regulation of tobacco industry promotions tobacco product sampling and display of tobacco products in commercial establishments
Promotion t Sampling I Display
Yes Yes Yes Source STATE System June 2012
Over-the-Counter Retail Licensure
As of June 30 2012 North Dakota required all establishments selling cigarettes and smokeless tobacco products over-the-counter to be licensed Nationally 37
states required over-the-counter licensure for cigarettes 29 of which also have a requirement for smokeless tobacco with various renewal frequencies fees and penalties for violations
Over-the-Counter Licensure and Penalties
Over-the- Minimum I Renewal I Penalty to Licensure Counter License License Fee Required I Business Includes _ Rqired _ _ (amp Frequelcy) _ Sruo_kes Toacc
$1500
Yes Yes
bull Annually Note Not all footnotes may be used bull Class A Misdemeanor Fine or Imprisonment or both Source STATE System June 2012
306
NORTH DAKOTA
Raise
Amount of Tobacco Product Excise Tax
As of June 302012 the excise tax on cigarettes in North Dakora was $044 per pack ranking 46h among the states The tax on cigars was 28 of the wholesale purchase price per cigar and for little cigars the tax was 28 of the wholesale purchase price per pack of 20 The tax on chewing tobacco was $0 I 6 per ounce with snuff taxed at $060 per ounce
Amount of Cigarette Excise Tax
National
Median
$1339
WORSE
As of June 30 2012
North Dakota had a
$044 cigarette excise tax-ranking 461h
among the states The range across states was
$435 to $017 per pack
Source STATE System June 2012
307
Price Paid for Last Cigarettes Purchased
In North Dakota 656 of adult smokers bought their last cigarettes by the pack and 344 bought them by the carton in 2009-2010 The average price that North Dakota smokers reported paying for their last pack of cigarettes was $433 in 2009-201 0 the range among states was $798 to $404 The average price that North Dakota smokers reponed paying for their last carton of cigarettes was $3561 in 2009-2010 the range among 45
states with valid data was $6445 to $3046
CAMPAIGN ov ToBACco-fREE
Kirk-middot
bull
ancer Action jii
N EW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVI NGS FROM A $100 CIGARETTE TAX I N C REASE I N NORTH DAKOTA
Cu rrent state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $1 048 per pack
Annual health care expenditu res in North Dakota directly caused by tobacco use $247 m illion S mokin g-caused state Med icaid program spending each year $47 mi l l ion
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $325 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase Percent decrease in youth smoking 154
-- -- -------------------------------------
Kids in North Dakota kept from becoming addicted adult smokers 6300 ------------------ --------------------------------------------------------------------------------
Current adult smokers in the state who would quit 5200 -----------------------------------------------------------------
Smoking-affected births avoided over next five years 900 -- -- --------
North Dakota residents saved from premature smoking-caused death 3400 ----middot-------------------- ------------------------------------------- middot --
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000 ------------ -----------------------------------
5- Year health care cost savings from fewer smoking-affected pregnancies amp births $213 mil l ion f-------------------------------------------------------------------------------------------------------------------------5- Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 mil l ion r------------------------------------------------------------------------------------------------------5- Year Medicaid program savings for the state $240000 ------------------------------------------------------------------------------------------------------- -----------
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 mil l ion 122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly diminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new reven ues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider all aspects of state tax pol icy related to OTPs (incl uding the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category linked to the state cigarette tax rate on a per-package or pe r-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoliciesltaxlus state local and httpwwwacscanorqltobaccopolicv
For more on sources and calculations see httpllwwwtobaccofreekidsorgresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Explanations amp Notes
Health care costs l isted at the top of the page are from the US Centers for Disease Control and Prevention
Projections a re based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the higher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggling and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion httptobaccofreekidsorgresearchfactsh eetspdf0274pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate i ncrease All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are limited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also limited because small tax i ncreases are unl ikely to produce significant public health benefits
Ongoing reductions in state smoking rates wil l over time gradually erode state cigarette tax revenues (in the absence of any new rate increases) But those declines are more predictable and less volatile than many other state revenue sources such as state income tax or corporate tax revenues (which can drop sharply during recessions) In addition the smoking declines that reduce tobacco tax revenues will simultaneously produce much larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdf0357pdf
For more on sources and calculations see httplwww tobaccofreekidsorqresearchlfactsheetslpdf028 1pdf
Needed State Efforts to P rotect State Tobacco Tax Revenues
Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qual ifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on all tobacco products to block tax evasion and promote tax equity No
High-tech tax stamps to stop counterfeiting and other smuggling and tax evasion No
Retailers lose license if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
North Dakota Tobacco Prevention and Control Executive Comm ittee
Center for Tobacco Prevention and Control Policy 4023 State Street Suite 65 bull Bismarck N D 58503-0638
Phone 70 1 328 5 1 30 middot Fax 701 328 5 1 35 middot Tol l Free 1 877277 5090
Testimony House Bil l 1 387
1 0 00 am Jan uary 29 20 1 3 House F inance and Taxation Comm ittee
Good morning Chairman Belter and members of the House Finance and Tax Committee I am Jeanne Prom executive director of the N D Center for Tobacco Prevention and Control Policy
I ncreasing the tobacco tax sig nificantly wil l lead to a decrease in tobacco use in our state Tobacco use is the leading cause of preventable disease and death and the tol l of tobacco u se in North Dakota is hig h
bull An n ual health care costs in North Dakota directly caused by smoking $247 mil l ion bull Portion paid by the state Medicaid prog ram annually $47 mil l ion bull N u mber of North Dakota adu lts who will die from smoking this year 800 bull High school students who smoke 7 400 (1 94) bull Male hig h school students who use smokeless or spit tobacco 22 2 bull Kids u nder 1 8 who become new daily smokers each year 600
The North Dakota Tobacco Prevention and Control Advisory Committee in its plan Saving Lives - Saving Money North Dakota s Comprehensive State Plan to Prevent and Control Tobacco Use cal ls for a sig nificant increase in al l tobacco taxes - to $2pack - to keep kids from starting and prompt users to quit As you can see on the attachments North Dakotas tobacco tax is one of the lowest in the country at 44 centspack This tax hasnt been increased since 1 993 The low tax resu lts in inexpensive tobacco that is affordable to youth and populations with l imited incomes and high smoking rates High tobacco taxes work most effectively to cut use among lower-income smokers and young male smokeless tobacco users - two g roups that suffer disproportionately from the harms of tobacco use
Tobacco use and its health hazards are completely preventable Raising the tobacco tax to $2pack with a comparable tax amou nt on other tobacco products can be expected to
bull Decrease youth smoking by 24 bull Reduce the number of kids from becoming addicted adult smokers by 9 900 bull Reduce the n umber of adults in the state who smoke by 8 200 bull Save the state mil l ions of dol lars in smoking-related health care costs over j ust 5 years
Please consider H B 1 387 with amendments to i ncrease the tobacco tax to $2pack with a comparable tax increase on al l other tobacco products
Thank you for your time and consideration I am happy to respond to any questions
The To bacco i n N o rth Da kota Updated Dec 5 2012
The Tol l of Tobacco in North Dakota
High school students who 1 94 (7400)
smoke middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot
Male high school stuents who 222
S SrlkS r Pt
t
Kids (under 1 8) who become 600
-middot- -IY S- X
Kids exposed to secondhand 42000
smoke at home Packs of cigarettes bought or
1 9 m il l ion lt9 Y i
------ Xr
Adu lts in North Dakota who smoke
21 9 ( 1 1 6 600)
Due to changes in CDCs methodology the 20 1 1 adult smoking rate cannot be
compared to adult smoking data from previous years
US National Data (201 1 )
i- -ltl flin
rt
Male h igh school students who 1 28
use smokeless tobacco
- n9 1 g(
Deaths i n North Da kota from Sm oking
Adults who die each year from th
k 800
e1r own smo mg
Kids now under 1 8 and alive in North Dakota who will ultimately 1 1 000 die prematurely from smoking
Smoking kil ls more people than alcohol AIDS car crashes i l legal drugs murders and suiCides combined - and thousands more die from other tobacco-related
causes - such as fires caused by smoking (more than 1 000 deathsyear nationwidr d smokeless tobacco use
Sm oking-Caused Monetary Costs in North Dakota
Annual health care costs in North Dakota directly caused by$247 m i ll ion
ltn
Portion covered by the state $47 m il l ion
-ii P9--
Residents state amp federal tax burden from srnoking-caused $574 per house hold
V-nt Pn i_
t
r
Smoking-caused productivity $ 1 92 m i l l ion
losses in North Dakota
Amounts do not include health costs caused by exposure to secondhand smoke smoking-caused fires smokeless tobacco use or cigar and pipe smoking Tobacco vse also imposes additional costs such as workplace productivity losses and damage to property
Tobacco Industry I nflue nce in North Dakota
Annual tobacco industry marketing expenditures nationwide
$85 bil l ion
Estimated portion spent for North Dakota marketing each $257 m il l ion
year
Published research studies have found that kids are twice as sensitive to tobacco advertising than adults and are more l ikely to be influenced to smoke by cigarette marketing than by peer pressure One-third of underage experimentation with smoking is attributable to tobacco company advertising
View sources of information
More detailed fact sheets on tobaccos toll in each state are avai lable by emailing factsheetstobaccofreekids org
CAMPAIGN middot ov
ToBA((o-fRpoundpound K ick
Guam $300 No Marianas Islands $1 75
MAP OF STATE CIGARETTE TAX RATES
Average State Cigarette Tax $1 48 per Pack
Average Cigarette Tax in M ajor Tobacco States 485 cents per Pack
Average Cigarette Tax in N on-Tobacco States $1 61 per Pack
TX $1 41
gt
$320 Puerto Rico $223
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate since 1 999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $ 1 00 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or h igher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages l i sted above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The major tobacco states with extensive tobacco farming and often cigarette manufacturin g are NC KY VA SC TN amp GA Federal cigarette tax is $1 01 per pack Not shown are the special taxes or fee s some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local g overnments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) N ew York City ($1 50) and Anchorage AK ($2206) The U S Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $ 1 047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn
For m o re information on state cigarette taxes and the benefits from increasing them see httpwwwtobaccofreekidsorgfacts issuesfact s h eetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1 400 I Street NW middot Suite 1 200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekid sorg
State Tax
Alabama $0425 Alaska $200 Arizona $200 Arkansas $1 1 5 California $087 Colorado $084 Connecticut $340 Delaware $1 60 DC $250 Florida $1 339 Georgia $037 Hawai i $320 Idaho $057 I l l inois $1 98
Indiana $0995 Iowa $ 1 36 Kansas $079 Kentucky $060
STATE CIGARETTE EXCISE TAX RATES amp RANKINGS
Overal l All States Average $1 48 per pack
Major Tobacco States Average 485 cents per pack Other States Average $1 61 per pack
Rank State Tax Rank State
47th Louisiana $036 49th Oklahoma 1 1 th Maine $200 1 1 th Oregon 1 1 th Maryland $200 1 1 th Pennsylvania 30th Massachusetts $251 9th Rhode Island 33rd Michigan $200 1 1 th South Carolina 34th Minnesota $1 23 28th South Dakota 3rd Mississippi $068 37th Tennessee
2 1 st Missouri $0 1 7 5 1 st Texas 1 0th Montana $1 70 1 7th Utah 26th Nebraska $064 38th Vermont 48th Nevada $080 35th Virginia 4th New Hampshire $ 1 68 1 9th Washington
42nd New Jersey $270 6th West Virgin ia 1 6th New Mexico $1 66 20th Wisconsin
32nd New York $435 1 st Wyoming 25th North Carolina $045 45th Puerto Rico 36th North Dakota $044 46th G uam 40th Ohio $ 1 25 27th Northern Marianas
Tax stamp Includes 75cent health 1mpact fee
Tax Rank
$1 03 3 1 st $1 1 8 29th $1 60 2 1 st $350 2nd $057 42nd $ 1 53 23rd $062 39th $1 41 24th $1 70 1 7th $262 7th $0 30 50th
$3025 5th $055 44th $2 52 8th $060 40th $223 NA $300 NA $1 75 NA
Table shows al l cigarette tax rates in effect now Since 2002 47 states DC and several US territories have increased their cigarette tax rates more than 1 05 times The three states in bold type have not increased their cigarette tax since 1 999 or earlier Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $1 00 per pack or higher 14 states DC and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $4 00 per pack Tobacco states are KY VA NC SC GA and TN States average includes DC but not Puerto Rico other U S territories or local cigarette taxes The median tax rate is $1 34 per pack AK M l MN MS UT also have special taxes or fees on brands of manufacturers not participating in the state tobacco lawsuit settlements (NPMs)
The highest combined state-local tax rate is $585 in New York City with Chicago IL second at $566 per pack Other high state-local rates include Evanston IL at $548 and Anchorage AK at $4206 per pack For more on local cigarette taxes see httptobaccofreekids orgresearchfactsheetspdf0267 pdf
Federal cigarette tax is $1 01 per pack From the beginning of 1 998 through 2002 the m ajor cigarette companies increased the prices they charge by more than $1 25 per pack (but also instituted aggressive retail-level discounting for competitive pu rposes and to reduce related consumption declines) In January 2003 Philip Morris instituted a 65-cent per pack price cut for four of its major brands to replace its retail-level discounting and fight sales losses to discount brands and R J Reynolds followed suit In the last several years the major cigarette companies have increased their product prices by almost $ 1 00 per pack The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs total $1047 per pack sold and consumed in the US The average price for a pack of cigarettes nationwide is roughly $600 (including statewide sales taxes but not local cigarette or sales taxes other than NYCs $1 50 per pack cigarette tax) with considerable state-to-state differences because of d ifferent state tax rates and different manufacturer wholesaler and retailer pricing and discounting practices AK DE MT NH amp OR have no state retai l sales tax at al l OK has a state sales tax but does not apply it to cigarettes MN amp DC apply a per-pack sales tax at the wholesale level and AL GA amp MO (unl ike the rest of the states) do not apply their state sales tax to that portion of retai l cigarette prices that represents the states cigarette excise tax
Campaign for Tobacco-Free Kids December 13 2012 I Ann Boonn
For additional i nformation see the Cam paigns website at httplwwwtobaccofreekidsorgwhat we dostate localtaxes
Sources Orzechowski amp Walker Tax Burden on Tobacco 201 1 media reports state revenue department websites
middot Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change ih the actual excise tax rates just the way that the rates are listed
1 400 I Street NW - Suite 1 200 - Washington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
CAMPAIGN kJI TOigtAltpound0-fRpoundpound
K ick
NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $156 CIGARETTE TAX INCREASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $ 1 048 per pack
Annual health care expend itures in North Dakota directly caused by tobacco use $247 m ill ion Smoking-caused state Med icaid program spending each year $47 m il lion
New Annual Revenue from Increasing the Cigarette Tax Rate by $156 Per Pack $4109 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate I nc rease
Percent decrease in youth smoking 240 Kids in North Dakota kept from becoming addicted adult smokers 9900 Current adult smokers in the state who would quit 800 Smoking-affected births avoided over next five years 1 500 North Dakota residents saved from premature smoking-caused death 5400 5-Year health care cost savings from fewer smoking-caused lung cancer cases $1 26 million
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $333 mill ion
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $233 mill ion
5-Year Medicaid program savings for the state $380000 Long-term health care cost savings in the state from adult amp youth smoking declines $35066 mil l ion
122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years wi l l similarly diminish or el iminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider al l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $2 00 per pack cigarette tax the states new OTP tax rate should be at least 60 of the wholesale price with m inimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoiciesltaxlus state local and httpllwwwacscanorqltobaccopoicy
For m ore on sources and calculations see httpllwwwtobaccofreekidsorglresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer A ction Network Melissa Maitin-Shepard
Explanations amp Notes Health care costs l isted at the top of the page are from the US Centers for Disease Control and P revention
Projections are based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the h igher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggl ing and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion http 1tobaccofreekids orgresearchfactsheetspdf027 4 pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate increase All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are l imited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also l imited because small tax increases are unl ikely to produce significant public health benefits
Ongoing red uctions in state smoking rates will over time gradually erode state cigarette tax revenues (in the absence of any new rate i ncreases) But those declines are more predictable and less volatile than many other state revenue sources such as state i ncome tax or corporate tax revenues (which can drop sharply during recessions) I n addition the smoking declines that reduce tobacco tax revenues will sim ultaneously produce m uch larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdfl0357 pdf
For more on sources and calculations see httpllwww tobaccofreekidsorqlresearchlfactsheetspdf0281 pdf
Needed State Efforts to Protect State Tobacco Tax Revenues Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qualifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on al l tobacco products to block tax evasion and promote tax equity No
H ig h-tech tax stamps to stop counterfeiting and other smuggl ing and tax evasion No
Retailers lose l icense if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
Testimony of Bill Shalhoob
Greater North Dakota Chamber of Commerce HB 1 3 87
January 29 20 1 3
Greater North Dakota Chamber
Mr Chairman and members of the committee My name is Bill Shalhoob and I am here today representing the Greater North Dakota Chamber of Commerce the champions for business in North Dakota GNDC is working to build the strongest business environment possible through its more than 1 1 00 business members as well as partnerships and coalitions with local chambers of commerce from across the state GNDC also represents the National Association of
Manufacturers and works closely with the US Chamber of Commerce As a group we stand in opposition to HB 1d urge a do not pass from your committee on the bill
nn GNDC has a long history of opposing excise taxes which we believe are onerous and unfair
We have a difficult time understanding this bill and the tax increase from 1 7 mills to 45 mills a
1 65 raise according to our math proposed in it North Dakota certainly does not need the
additional revenue that might come from this tax increase Our focus in this session is on tax decreases not increases If we are trying to do social engineering that is to discourage the practice the tax code is a poor place to do it If the goal is to eliminate smoking introduce a bil l prohibiting the sale or use of tobacco products in the state As witnessed by our experience with Minnesota increasing their cigarette tax with a health fee all we do is drive sales to a lower priced location by passing this bil l We see no acceptable reason to enact this tax
Thank you for the opportunity to appear before you today in opposition to HB 1 3 87 I would be happy to answer any questions
Champions Business
PO Box 2639 P 701middot222-0929 Bismarck NO 58502 F 701-222-1611
wwwndcharnbercorn
w - -I --------
North Dakota Retai l Association NO Petroleum Marketers Association
North Dakota Propane Gas Association
---- LEG S LAT VE BU LLET N Testimony- HB 1387
January 29 2013- House Finance and Tax Committee
Chairman Belter and Members of the House Finance and Tax Committee
We know any type of tax tends to put the squeeze on consumer spending potentially strain
household budgets and curb retail sales Which is exactly why the North Dakota Petroleum
Marketers Association and its 400 members from across the state are asking you to vote
NO on HB 1387
Passage of HB 1387 will burden North Dakotas lower Income Earners Cigarette
excise taxes are regressive in nature B ased on data from the Center for
Disease Control roughly 30 of adults in North Dakota who earn less than
$ 15000 are smokers whereas only 160 of adults who earn $50000 or
more are smokers Raising taxes will further unfairly burden low-income
earners
Passage of HB 1387 will harm the retail sector as well
Increasing the excise tax could hurt legitimate retailers when
adult smokers shift purchases to other outlets such as the internet This
would negatively affect North Dakota s 1 300 retailers
Even more pressing is the fear Passage of HB 1387 could increase illegal cigarette trafficking
An excise tax increase could provide incentives for smuggling and other
contraband activities resulting in lost revenues According to the Bureau of
1 02 5 North 3rd Street bull PO Box 1 9 5 6 bull Bismarck NO 58502 bull 701 -223-3370 bull Fax 7 0 1 -223-5004 Web Address ndretailorg bull ndpetroleumorg bull ndpropaneorg
Alcohol Tobacco Firearms and Explosives cigarette smuggling has
turned into a lucrative business for criminals who trade cigarettes and other
tobacco products on the black market Nationally its estimated $5 billion in
tax revenue annually is lost on the black market
For all of these reasons NDPMA is asking for a NO vote on HB 1387
Thank you for your time and consideration
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote
From Dr Eric L Johnson MD Grand Forks ND
President
Tobacco Free North Dakota
Associate Professor
Department of Family and Community Medicine
UNDSMHS
Director lnterprofessional Education
UNDSMHS
Medical Director
Physician Assistant Program
UNDSMHS
Assistant Medical Director
Altru Diabetes Center
FMC-Aitru Health System
Assistant Medical Director
Valley Memorial Homes
Although Im unable to appear in person Id like to offer information regarding tobacco
specifically cigarette taxation and its specific relationship to reducing youth smoking I have
actively been involved in tobacco related issues since beginning my association with NDQuits
formerly known as the North Dakota Tobacco Quitline
We are fortunate to have up to date quality information to support this effort in reducing
smoking among youth in North Dakota Here is the current state of tobacco use among youth
in our state
Cigarette Use
bull 44 ever tried cigarette smoking (1)
bull 19 smoked cigarettes on at least 1 day during the 30 days before the survey
bull 8 smoked cigarettes on 20 or more days during the 30 days before the survey
bull 47 did not try to quit smoking cigarettes (2)
Other Tobacco Use
bull 14 used chewing tobacco snuff or dip on at least 1 day during the 30 days before the
survey
bull 13 smoked cigars cigarillos or little cigars on at least 1 day during the 30 days before the
survey
Any Tobacco Use
bull 28 smoked cigarettes smoked cigars cigarillos or little cigars or used chewing tobacco
snuff or dip on at least 1 day during the 30 days before the survey
The current data support 2 ways to reduce youth smoking One is instituting smoke free laws
North Dakota voters strongly supported this in the election in November 2012 passing North
Dakotas new smoke-free law by a margin of 2 to 1 with every county and legislative district
voting in favor so its pretty clear this is what the people of North Dakota wanted Although
these laws are primarily designed to reduce the infliction of injury on others from secondhand
smoke smoke-free laws do tend to reduce youth smoking
The other way to reduce youth smoking is to increase taxes per pack of cigarettes
In a newly published study in the prestigious American Journal of Public Health doubling the
price of cigarettes decreased youth smoking by 13 which was the most effective way to cut
smoking in this population Its also estimated that in total in the states that increased tobacco
taxes during the study period resulted in 220000 fewer youth smokers
Other established previously published studies showed other benefits from increasing tobacco
taxes
bull Every 10 percent increase in the real price of cigarettes reduces overall cigarette
consumption by approximately three to five percent reduces the number
of young-adult smokers by 35 percent and reduces the number of kids who smoke by
six or seven percent
bull Cigarette price and tax increases work even more effectively to reduce smoking among
males Blacks Hispanics and lower-income smokers
bull A cigarette tax increase that raises prices by ten percent will reduce smoking among
pregnant women by seven percent saving many newborns from suffering from
smoking-affected births and related health consequences
bull Many states note increase in access to quit services such as what North Dakota has with
NDQuits when tobacco taxes increase Wisconsin and Iowa have notable data in this
area- for example Wisconsin went from about 9000 calls a month to 20000 in a month
after a new cigarette tax In Washington the number of smokers decreased by 100000
after their tobacco tax increase
Now I think many would say that North Dakota doesnt need another taxation revenue stream
and we are fortunate in North Dakota in that regard As well the people of North Dakota have
historically supported tobacco prevention funding- for example the well-known so called
Measure 3 of 2008 Currently North Dakota ranks very low in tobacco tax- we are ranked
46th with a state tax of 44 cents per pack The highest tobacco tax state is New York at $435
per pack The overall average is $128 Some may say that tobacco taxes pay for themselves
with health care but its estimated that each pack of cigarettes generates about $10 in health
care costs
Tobacco use itself remains a very expensive problem for North Dakota with an estimated $247
million spent annually on the treatment of tobacco related diseases Cutting down youth
smoking as well as smoking in other groups as noted has the potential to reduce these costs in
the future
Thank you for your time today and I would be happy to answer any other questions regarding
this or other tobacco related diseases or prevention My contact information can be provided
upon request References are provided as well
httpwwwtobaccofreekidsorgresearchfactsheetspdf0097pdf
httpwww n d health gov tobaccoFacts htm
httpwwwtobaccofreekidsorgresearchfactsheetspdf0146pdf
httpwwwcdcgovhealthyyouthyrbspdftobaccond tobacco combopdf
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use
(J amp bull Centers for Disease Control and Prevention ImiddotJj lldraquoA COC 247 Soving Lives Protecting Peopler-
Tobacco Control State Highlights 2012
Abstract
bull Highlights 2012 Abstract bull Highlights 2012 Cby section)
(tobaccodata statisticsstate datastate highlights2012sectionsindexhtm)
bull Highlights 2012 Buttons (tobaccobuttonsstate highlightsindexhtm)
bull Highlights 2012 Download
Page 1 of3 (
(tobaccodata statisticsstate datastate highlights2012zip fileshighlightszip) (Zip-163 MB)
bull Highlights 2012 Factsheet (tobaccodata statisticsstate datastate highlights2012pdfsfactsheetpdf) (PDF-so KB)
bull STATE System Interactive Maps (tobaccodata statisticsstate datastate highlights2012statesystemindexhtm)
Tobacco Control State Highlights 2012
Tobacco use is the single most preventable cause of death in the United States Each year in
the United States cigarette smoking and exposure to secondhand smoke causes 443000-or 1
in 5 deaths Economic losses are also staggering Smoking-caused diseases result in $96 billion
in health care costs annually
httnmiddotumm lrll anvtnhccnrlata statisticsstate datastate highlights2012indexhtm 1282013
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use Page 2 of3 V-
Some states have significantly improved the health of their citizens by reducing smoking rates
thereby decreasing smoking-related diseases deaths and health care costs Even in
economically challenging times states can make a significant difference in public health by
employing high-impact cost-effective tobacco control and prevention strategies as laid out in
the World Health Organizations MPOWER strategic package of interventions proven to
reduce tobacco use prevalence including
bull Monitor tobacco use and prevention policies bull Protect people from tobacco smoke bull Offer help to quit tobacco use bull Warn people about the dangers of tobacco bull Enforce bans on tobacco advertising promotion and sponsorship bull Raise state cigarette taxes on tobacco
Tobacco Control State Highlights 2012 guides states in developing and implementing highshy
impact strategies and assessing their performance This report also provides state-specific data
intended to-
1 Highlight how some states are making great strides in reducing smoking rates using evidence-based strategies while also showing that more work needs to be done in other states
2 Enable readers to see how their own states perform 3 Help policymakers with decision making
Post and share 2012 Tobacco Control State Highlights Buttons (tobaccobuttonsstate highlightsjindexhtm)
Interested in posting this syndicated content on your Web site
See the 1ist of Smoking and Tobacco Use syndicated pages Chttptoolscdcgovsyndicationpagesaspx
mediaCo11ectionld=s) find the page and select the Add to List link next to it
Related Archived Link I
bull Tobacco Control State Highlights 2010 (tobaccodata statisticsstate datastate highlights2010indexhtm) - --
htt I lnrnrm rJ anvtnhJrroclata statisticsstate datastate highlights20 12indexhtm 1282013
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use Page3 of3
Persons with disabilities who experience problems accessing the 2012 Tobacco Control
State Highlights should contact tobaccoinfocdcgov (mailtotobaccoinfocdcgov) or call1
-Soo-CDC-INFO (1-800-232-4636)
Page last reviewed January 24 2013 Page last updated January 24 2013 Content source Office on Smoking and Health National Center for Chronic Disease Prevention and Health Promotion
Centers for Disease Control and Prevention 1600 Clifton Rd Atlanta GA 30333 USA 8oo-CDC-INFO (800-232-4636) TTY (888) 232-6348- Contact CDC-INFO
11ttnwwwcdc 1mvtobaccodata statisticsstate datastate_ highlights2012indexhtm 12820 13
NORTH DAKOTA
Monitor
Adult Current CigaretteSmokeless Tobacco Use
In North Dakota the percentage of adults (ages 18+)
who currently smoke cigarettes was 219 in 2011
Across all states and DC the prevalence of cigarette smoking among adults ranged from 118 to 290
North Dakota ranked 30 among the states
The percentage of adults who currently use smoke-less tobacco was 76 in 2011 Across all states and DC the prevalence ranged from 14 to 98 North Dakota ranked 49 among the states
Current Cigarette and Smokeless Tobacco Use among Adults by Demographic Characteristics
National (median)
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
Less than high school degree
High school degree
More than high school degree
18-24 years old
25-44 years old
45-64 years old
65+ years old
bull Cigarettes
0 10 20
bullbullbull Sample size lt50
ml Smokeless Tobacco
30 40 Percent
50 60 70 80
Source Behavioral Risk Factor Surveillance System 2011
300
NORTH DAKOTA Youth Current CigaretteSmokeless TobaccoCigar Use
In North Dakota the percentage of youth in grades 9-12
who currently smoke cigarettes was 194 in 20 11 The range across 44 states was 59 to 241 North Dakota ranked 34h among 44 states
The percentage of youth who currently use smokeless tobacco was 136 in 2011 The range across 40 states was 35 to 169 North Dakota ranked 36h among 40 states
The percentage of youth who currently smoke cigars was 135 in 201 1 The range across 37 states was 50 to 183 North Dakota ranked 17h among 37 states
The percentage of youth who currently use tobacco (ie cigarettes smokeless tobacco andor cigars) was 283 in 2011 The range across 36 states was 78 to 319 North Dakota ranked 30h among 36 states
Tobacco Use among High School Students by Demographic Characteristics
bull Cigarettes
National
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
9th grade
1Oth grade
11th grade
12th grade
IE Smokeless Tobacco bull Cigars
0 10 20 30 Percent
Cigarettes smokeless tobacco andor cigars Sample size lt100
301
liil Tobacco
40 50 60 70
Source Youth Risk Behavior Survey 2011
NORTH DAKOTA Past-Year Cigarette Initiation
In 2008-2009 of all North Dakota youth ages 12-17
who had never smoked 66 smoked a cigarette for the first time in the past year This ranked 37 in the nation with a range of 33-92 among the states
Of all young adults ages 18-25 who had never smoked 147 smoked a cigarette for the first time in 2008-
2009 This ranked 51 in the nation with a range of 42-147 among the states
Past-Year Cigarette Initiates among Persons Aged 12-25 by Age of First Use 2002-2009
ltfJ c Ql v Ql c
25
20
15
10
5
0
__ Total Initiates -11- Initiates aged 12-17 --+-- Initiates aged 1 8-25
2002-2003 2004-2005 2006-2007 2008-2009
Year Source National Survey on Drug Use and Health 2002-2009
302
NORTH DAKOTA
Protect
Adult Exposure to Secondhand Smoke
Among all adults the percentage who reported being exposed to secondhand smoke within the past 7 days was lower in North Dakota than
Exposure to Secondhand Smoke
in the nation overall In 2009-2010 overall exposure to secondhand smoke in North Dakota was 450 ranking 1 8 among the states
I I I I Overall Workplaces i Homes 1 Vehicles Public Places I I
450
Adults were exposed to secondhand smoke in various locations The table shows the percentage of North Dakota adults who reported any exposure as well as exposure in their home in a vehicle or in indoor or outdoor areas at work or public places in the past 7 days
c Ql
100
Secondhand Smoke Exposure and Opinions about Smoking
in the Workplace bull National bull North Dakota
80
60 Ql a
Adults Reporting Being
Exposed to Secondhand
Smoke (overall)
Adults Who Think
Smoking Should Never be
Allowed in the Workplace
Source National Adult Tobacco Survey 2009-2010
Opinions about Smoking in the Workplace
In 2009-2010 778 of adults in North Dakota thought that smoking should never be allowed in indoor workplaces ranking 30 among the states
303
180 81 150 324 Source National Adult Tobacco Survey 2009-201 0
Smoke-Free Home Rules
In 2009-2010 836 of adults in North Dakota reported that their homes had smoke-free home rules ranking 18 among the states The percentage of homes without smoke-free home rules with children living in them was 284 ranking 11 among the states
Smoke-Free Home Rules and Homes without Rules that have Children
c Ql v Ql a
100
bull National
SmokemiddotFree Home
Rules
bull North Dakota
Homes without Rules
that have Children
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA State Smoke-Free Policy
As ofJune 30 2012 North Dakota had a smokeshyfree law that prohibits smoking in indoor areas of workplaces but not restaurants or bars The state allowed communities to enact local smoke-free laws
Note See Appendix B for updated legislation rhar rakes effect afrer June 30 2012
Offer
Adults Who Made a Quit Attempt in the Last Year
During 2009-2010 552 of North Dakota adult smokers made a quit attempt in the past year ranking 22d among the states
National
Percentage of Smokers Attempting to Quit
WORSE
In North Dakota
552 of adults made a quit attempt
ranking 22d
Source National Adult Tobacco Survey 2009-2010
Quitline Utilization
In 2010 the North Dakota quidine received 7478
calls and 1 342 tobacco users (an estimated 12 of all tobacco users in the state) received telephone counseling cessation medications or both from the state qui dine
Smoke-Free Legislation
I I Local Laws Workplaces Restaurants l Bars Permitted
Yes
I I
No No Yes Designated Smoking Areas t Ventilated Smoking Areas
bull Allowed for nonshyhospitality workplaces
1 Prohibited ror nonshyhospitJiity workplaces
t No Restrictions Allowed smoking in venues that prohibit minors
Note Not all footnotes may be used Source STATE System June 2012
304
Medicaid Coverage for Counseling and Medications
In 2010 North Dakotas Medicaid program provided incomplete coverage through Medicaid for tobaccoshydependence treatment North Dakota provided full coverage for some nicotine replacement therapies full coverage for varenicline full coverage for bupropion and no coverage for counseling (individual or group)
Medicaid Coverage for Counseling and Medications
Comprehensive Coverage
No
I Counseling NRT
Ms (On
1e or 1 Varenicline Jl Bupropion (Individual
ore andor Group)
Yes Yes Yes No
Pregnant women only t Fee-for-service only
Available only via the quitline
Note Not all footnotes may be used Source Halpinet a 2011
NORTH DAKOTA
Warn
Tobacco Counter-Marketing Media Intensity
CDC Best Practices recommendations translate into an average quarterly exposure of 1200 general audience gross raring points (GRPs) and 800 youth target raring points (TRPs) in effective anti-tobacco media campaigns North Dakota had an average of 10356 general audience GRPs and 1436 youth TRPs per quarter in television advertising supporting tobacco control messages in 2010
Anti-Tobacco Media Campaign Intensity G RPs Per Quarter
National
Median
2427 GRPs
General Audience
WORSE
North Dakota
Average 10356
GRPs (101h)
Source CDCOSH
Anti-Tobacco Media Campaign Intensity T RPs Per Quarter
National
Median
3 97TRPs
Youth (12-17Years)
WORSE
North
Dakota Average 1436 TRPs (13h)
Source CDCOSH
305
Knowledge of the Dangers of Tobacco
In North Dakota 657 of adults thought that breathing smoke from other peoples cigarettes or other tobacco products is very harmful to ones health in 2009-2010 Additionally 832 thought that cigarette smoking is very addictive
Secondhand Smoke
National
Average
656
WORSE
In North Dakota 657 of adults thought
__ secondhand smoke is very harmful The range
across all states was 721 to 559 North
Dakota ranked 17h
among the states
Source National Adult Tobacco Survey 2009-2010
Addictiveness of Smoking
National
Average
854
WORSE
In North Dakota 832 of adults thought that
smoking is very addictive The range across all states was
905 to 806 North __ Dakota ranked 45h among the states
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA
Enforce
State Allows Local Advertising and Promotion Laws State Allows Local Laws
As ofJune 30 2012 North Dakota allowed local regulation of tobacco industry promotions tobacco product sampling and display of tobacco products in commercial establishments
Promotion t Sampling I Display
Yes Yes Yes Source STATE System June 2012
Over-the-Counter Retail Licensure
As of June 30 2012 North Dakota required all establishments selling cigarettes and smokeless tobacco products over-the-counter to be licensed Nationally 37
states required over-the-counter licensure for cigarettes 29 of which also have a requirement for smokeless tobacco with various renewal frequencies fees and penalties for violations
Over-the-Counter Licensure and Penalties
Over-the- Minimum I Renewal I Penalty to Licensure Counter License License Fee Required I Business Includes _ Rqired _ _ (amp Frequelcy) _ Sruo_kes Toacc
$1500
Yes Yes
bull Annually Note Not all footnotes may be used bull Class A Misdemeanor Fine or Imprisonment or both Source STATE System June 2012
306
NORTH DAKOTA
Raise
Amount of Tobacco Product Excise Tax
As of June 302012 the excise tax on cigarettes in North Dakora was $044 per pack ranking 46h among the states The tax on cigars was 28 of the wholesale purchase price per cigar and for little cigars the tax was 28 of the wholesale purchase price per pack of 20 The tax on chewing tobacco was $0 I 6 per ounce with snuff taxed at $060 per ounce
Amount of Cigarette Excise Tax
National
Median
$1339
WORSE
As of June 30 2012
North Dakota had a
$044 cigarette excise tax-ranking 461h
among the states The range across states was
$435 to $017 per pack
Source STATE System June 2012
307
Price Paid for Last Cigarettes Purchased
In North Dakota 656 of adult smokers bought their last cigarettes by the pack and 344 bought them by the carton in 2009-2010 The average price that North Dakota smokers reported paying for their last pack of cigarettes was $433 in 2009-201 0 the range among states was $798 to $404 The average price that North Dakota smokers reponed paying for their last carton of cigarettes was $3561 in 2009-2010 the range among 45
states with valid data was $6445 to $3046
CAMPAIGN ov ToBACco-fREE
Kirk-middot
bull
ancer Action jii
N EW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVI NGS FROM A $100 CIGARETTE TAX I N C REASE I N NORTH DAKOTA
Cu rrent state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $1 048 per pack
Annual health care expenditu res in North Dakota directly caused by tobacco use $247 m illion S mokin g-caused state Med icaid program spending each year $47 mi l l ion
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $325 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase Percent decrease in youth smoking 154
-- -- -------------------------------------
Kids in North Dakota kept from becoming addicted adult smokers 6300 ------------------ --------------------------------------------------------------------------------
Current adult smokers in the state who would quit 5200 -----------------------------------------------------------------
Smoking-affected births avoided over next five years 900 -- -- --------
North Dakota residents saved from premature smoking-caused death 3400 ----middot-------------------- ------------------------------------------- middot --
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000 ------------ -----------------------------------
5- Year health care cost savings from fewer smoking-affected pregnancies amp births $213 mil l ion f-------------------------------------------------------------------------------------------------------------------------5- Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 mil l ion r------------------------------------------------------------------------------------------------------5- Year Medicaid program savings for the state $240000 ------------------------------------------------------------------------------------------------------- -----------
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 mil l ion 122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly diminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new reven ues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider all aspects of state tax pol icy related to OTPs (incl uding the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category linked to the state cigarette tax rate on a per-package or pe r-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoliciesltaxlus state local and httpwwwacscanorqltobaccopolicv
For more on sources and calculations see httpllwwwtobaccofreekidsorgresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Explanations amp Notes
Health care costs l isted at the top of the page are from the US Centers for Disease Control and Prevention
Projections a re based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the higher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggling and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion httptobaccofreekidsorgresearchfactsh eetspdf0274pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate i ncrease All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are limited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also limited because small tax i ncreases are unl ikely to produce significant public health benefits
Ongoing reductions in state smoking rates wil l over time gradually erode state cigarette tax revenues (in the absence of any new rate increases) But those declines are more predictable and less volatile than many other state revenue sources such as state income tax or corporate tax revenues (which can drop sharply during recessions) In addition the smoking declines that reduce tobacco tax revenues will simultaneously produce much larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdf0357pdf
For more on sources and calculations see httplwww tobaccofreekidsorqresearchlfactsheetslpdf028 1pdf
Needed State Efforts to P rotect State Tobacco Tax Revenues
Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qual ifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on all tobacco products to block tax evasion and promote tax equity No
High-tech tax stamps to stop counterfeiting and other smuggling and tax evasion No
Retailers lose license if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
North Dakota Tobacco Prevention and Control Executive Comm ittee
Center for Tobacco Prevention and Control Policy 4023 State Street Suite 65 bull Bismarck N D 58503-0638
Phone 70 1 328 5 1 30 middot Fax 701 328 5 1 35 middot Tol l Free 1 877277 5090
Testimony House Bil l 1 387
1 0 00 am Jan uary 29 20 1 3 House F inance and Taxation Comm ittee
Good morning Chairman Belter and members of the House Finance and Tax Committee I am Jeanne Prom executive director of the N D Center for Tobacco Prevention and Control Policy
I ncreasing the tobacco tax sig nificantly wil l lead to a decrease in tobacco use in our state Tobacco use is the leading cause of preventable disease and death and the tol l of tobacco u se in North Dakota is hig h
bull An n ual health care costs in North Dakota directly caused by smoking $247 mil l ion bull Portion paid by the state Medicaid prog ram annually $47 mil l ion bull N u mber of North Dakota adu lts who will die from smoking this year 800 bull High school students who smoke 7 400 (1 94) bull Male hig h school students who use smokeless or spit tobacco 22 2 bull Kids u nder 1 8 who become new daily smokers each year 600
The North Dakota Tobacco Prevention and Control Advisory Committee in its plan Saving Lives - Saving Money North Dakota s Comprehensive State Plan to Prevent and Control Tobacco Use cal ls for a sig nificant increase in al l tobacco taxes - to $2pack - to keep kids from starting and prompt users to quit As you can see on the attachments North Dakotas tobacco tax is one of the lowest in the country at 44 centspack This tax hasnt been increased since 1 993 The low tax resu lts in inexpensive tobacco that is affordable to youth and populations with l imited incomes and high smoking rates High tobacco taxes work most effectively to cut use among lower-income smokers and young male smokeless tobacco users - two g roups that suffer disproportionately from the harms of tobacco use
Tobacco use and its health hazards are completely preventable Raising the tobacco tax to $2pack with a comparable tax amou nt on other tobacco products can be expected to
bull Decrease youth smoking by 24 bull Reduce the number of kids from becoming addicted adult smokers by 9 900 bull Reduce the n umber of adults in the state who smoke by 8 200 bull Save the state mil l ions of dol lars in smoking-related health care costs over j ust 5 years
Please consider H B 1 387 with amendments to i ncrease the tobacco tax to $2pack with a comparable tax increase on al l other tobacco products
Thank you for your time and consideration I am happy to respond to any questions
The To bacco i n N o rth Da kota Updated Dec 5 2012
The Tol l of Tobacco in North Dakota
High school students who 1 94 (7400)
smoke middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot
Male high school stuents who 222
S SrlkS r Pt
t
Kids (under 1 8) who become 600
-middot- -IY S- X
Kids exposed to secondhand 42000
smoke at home Packs of cigarettes bought or
1 9 m il l ion lt9 Y i
------ Xr
Adu lts in North Dakota who smoke
21 9 ( 1 1 6 600)
Due to changes in CDCs methodology the 20 1 1 adult smoking rate cannot be
compared to adult smoking data from previous years
US National Data (201 1 )
i- -ltl flin
rt
Male h igh school students who 1 28
use smokeless tobacco
- n9 1 g(
Deaths i n North Da kota from Sm oking
Adults who die each year from th
k 800
e1r own smo mg
Kids now under 1 8 and alive in North Dakota who will ultimately 1 1 000 die prematurely from smoking
Smoking kil ls more people than alcohol AIDS car crashes i l legal drugs murders and suiCides combined - and thousands more die from other tobacco-related
causes - such as fires caused by smoking (more than 1 000 deathsyear nationwidr d smokeless tobacco use
Sm oking-Caused Monetary Costs in North Dakota
Annual health care costs in North Dakota directly caused by$247 m i ll ion
ltn
Portion covered by the state $47 m il l ion
-ii P9--
Residents state amp federal tax burden from srnoking-caused $574 per house hold
V-nt Pn i_
t
r
Smoking-caused productivity $ 1 92 m i l l ion
losses in North Dakota
Amounts do not include health costs caused by exposure to secondhand smoke smoking-caused fires smokeless tobacco use or cigar and pipe smoking Tobacco vse also imposes additional costs such as workplace productivity losses and damage to property
Tobacco Industry I nflue nce in North Dakota
Annual tobacco industry marketing expenditures nationwide
$85 bil l ion
Estimated portion spent for North Dakota marketing each $257 m il l ion
year
Published research studies have found that kids are twice as sensitive to tobacco advertising than adults and are more l ikely to be influenced to smoke by cigarette marketing than by peer pressure One-third of underage experimentation with smoking is attributable to tobacco company advertising
View sources of information
More detailed fact sheets on tobaccos toll in each state are avai lable by emailing factsheetstobaccofreekids org
CAMPAIGN middot ov
ToBA((o-fRpoundpound K ick
Guam $300 No Marianas Islands $1 75
MAP OF STATE CIGARETTE TAX RATES
Average State Cigarette Tax $1 48 per Pack
Average Cigarette Tax in M ajor Tobacco States 485 cents per Pack
Average Cigarette Tax in N on-Tobacco States $1 61 per Pack
TX $1 41
gt
$320 Puerto Rico $223
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate since 1 999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $ 1 00 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or h igher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages l i sted above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The major tobacco states with extensive tobacco farming and often cigarette manufacturin g are NC KY VA SC TN amp GA Federal cigarette tax is $1 01 per pack Not shown are the special taxes or fee s some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local g overnments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) N ew York City ($1 50) and Anchorage AK ($2206) The U S Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $ 1 047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn
For m o re information on state cigarette taxes and the benefits from increasing them see httpwwwtobaccofreekidsorgfacts issuesfact s h eetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1 400 I Street NW middot Suite 1 200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekid sorg
State Tax
Alabama $0425 Alaska $200 Arizona $200 Arkansas $1 1 5 California $087 Colorado $084 Connecticut $340 Delaware $1 60 DC $250 Florida $1 339 Georgia $037 Hawai i $320 Idaho $057 I l l inois $1 98
Indiana $0995 Iowa $ 1 36 Kansas $079 Kentucky $060
STATE CIGARETTE EXCISE TAX RATES amp RANKINGS
Overal l All States Average $1 48 per pack
Major Tobacco States Average 485 cents per pack Other States Average $1 61 per pack
Rank State Tax Rank State
47th Louisiana $036 49th Oklahoma 1 1 th Maine $200 1 1 th Oregon 1 1 th Maryland $200 1 1 th Pennsylvania 30th Massachusetts $251 9th Rhode Island 33rd Michigan $200 1 1 th South Carolina 34th Minnesota $1 23 28th South Dakota 3rd Mississippi $068 37th Tennessee
2 1 st Missouri $0 1 7 5 1 st Texas 1 0th Montana $1 70 1 7th Utah 26th Nebraska $064 38th Vermont 48th Nevada $080 35th Virginia 4th New Hampshire $ 1 68 1 9th Washington
42nd New Jersey $270 6th West Virgin ia 1 6th New Mexico $1 66 20th Wisconsin
32nd New York $435 1 st Wyoming 25th North Carolina $045 45th Puerto Rico 36th North Dakota $044 46th G uam 40th Ohio $ 1 25 27th Northern Marianas
Tax stamp Includes 75cent health 1mpact fee
Tax Rank
$1 03 3 1 st $1 1 8 29th $1 60 2 1 st $350 2nd $057 42nd $ 1 53 23rd $062 39th $1 41 24th $1 70 1 7th $262 7th $0 30 50th
$3025 5th $055 44th $2 52 8th $060 40th $223 NA $300 NA $1 75 NA
Table shows al l cigarette tax rates in effect now Since 2002 47 states DC and several US territories have increased their cigarette tax rates more than 1 05 times The three states in bold type have not increased their cigarette tax since 1 999 or earlier Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $1 00 per pack or higher 14 states DC and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $4 00 per pack Tobacco states are KY VA NC SC GA and TN States average includes DC but not Puerto Rico other U S territories or local cigarette taxes The median tax rate is $1 34 per pack AK M l MN MS UT also have special taxes or fees on brands of manufacturers not participating in the state tobacco lawsuit settlements (NPMs)
The highest combined state-local tax rate is $585 in New York City with Chicago IL second at $566 per pack Other high state-local rates include Evanston IL at $548 and Anchorage AK at $4206 per pack For more on local cigarette taxes see httptobaccofreekids orgresearchfactsheetspdf0267 pdf
Federal cigarette tax is $1 01 per pack From the beginning of 1 998 through 2002 the m ajor cigarette companies increased the prices they charge by more than $1 25 per pack (but also instituted aggressive retail-level discounting for competitive pu rposes and to reduce related consumption declines) In January 2003 Philip Morris instituted a 65-cent per pack price cut for four of its major brands to replace its retail-level discounting and fight sales losses to discount brands and R J Reynolds followed suit In the last several years the major cigarette companies have increased their product prices by almost $ 1 00 per pack The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs total $1047 per pack sold and consumed in the US The average price for a pack of cigarettes nationwide is roughly $600 (including statewide sales taxes but not local cigarette or sales taxes other than NYCs $1 50 per pack cigarette tax) with considerable state-to-state differences because of d ifferent state tax rates and different manufacturer wholesaler and retailer pricing and discounting practices AK DE MT NH amp OR have no state retai l sales tax at al l OK has a state sales tax but does not apply it to cigarettes MN amp DC apply a per-pack sales tax at the wholesale level and AL GA amp MO (unl ike the rest of the states) do not apply their state sales tax to that portion of retai l cigarette prices that represents the states cigarette excise tax
Campaign for Tobacco-Free Kids December 13 2012 I Ann Boonn
For additional i nformation see the Cam paigns website at httplwwwtobaccofreekidsorgwhat we dostate localtaxes
Sources Orzechowski amp Walker Tax Burden on Tobacco 201 1 media reports state revenue department websites
middot Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change ih the actual excise tax rates just the way that the rates are listed
1 400 I Street NW - Suite 1 200 - Washington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
CAMPAIGN kJI TOigtAltpound0-fRpoundpound
K ick
NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $156 CIGARETTE TAX INCREASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $ 1 048 per pack
Annual health care expend itures in North Dakota directly caused by tobacco use $247 m ill ion Smoking-caused state Med icaid program spending each year $47 m il lion
New Annual Revenue from Increasing the Cigarette Tax Rate by $156 Per Pack $4109 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate I nc rease
Percent decrease in youth smoking 240 Kids in North Dakota kept from becoming addicted adult smokers 9900 Current adult smokers in the state who would quit 800 Smoking-affected births avoided over next five years 1 500 North Dakota residents saved from premature smoking-caused death 5400 5-Year health care cost savings from fewer smoking-caused lung cancer cases $1 26 million
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $333 mill ion
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $233 mill ion
5-Year Medicaid program savings for the state $380000 Long-term health care cost savings in the state from adult amp youth smoking declines $35066 mil l ion
122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years wi l l similarly diminish or el iminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider al l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $2 00 per pack cigarette tax the states new OTP tax rate should be at least 60 of the wholesale price with m inimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoiciesltaxlus state local and httpllwwwacscanorqltobaccopoicy
For m ore on sources and calculations see httpllwwwtobaccofreekidsorglresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer A ction Network Melissa Maitin-Shepard
Explanations amp Notes Health care costs l isted at the top of the page are from the US Centers for Disease Control and P revention
Projections are based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the h igher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggl ing and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion http 1tobaccofreekids orgresearchfactsheetspdf027 4 pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate increase All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are l imited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also l imited because small tax increases are unl ikely to produce significant public health benefits
Ongoing red uctions in state smoking rates will over time gradually erode state cigarette tax revenues (in the absence of any new rate i ncreases) But those declines are more predictable and less volatile than many other state revenue sources such as state i ncome tax or corporate tax revenues (which can drop sharply during recessions) I n addition the smoking declines that reduce tobacco tax revenues will sim ultaneously produce m uch larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdfl0357 pdf
For more on sources and calculations see httpllwww tobaccofreekidsorqlresearchlfactsheetspdf0281 pdf
Needed State Efforts to Protect State Tobacco Tax Revenues Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qualifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on al l tobacco products to block tax evasion and promote tax equity No
H ig h-tech tax stamps to stop counterfeiting and other smuggl ing and tax evasion No
Retailers lose l icense if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
Testimony of Bill Shalhoob
Greater North Dakota Chamber of Commerce HB 1 3 87
January 29 20 1 3
Greater North Dakota Chamber
Mr Chairman and members of the committee My name is Bill Shalhoob and I am here today representing the Greater North Dakota Chamber of Commerce the champions for business in North Dakota GNDC is working to build the strongest business environment possible through its more than 1 1 00 business members as well as partnerships and coalitions with local chambers of commerce from across the state GNDC also represents the National Association of
Manufacturers and works closely with the US Chamber of Commerce As a group we stand in opposition to HB 1d urge a do not pass from your committee on the bill
nn GNDC has a long history of opposing excise taxes which we believe are onerous and unfair
We have a difficult time understanding this bill and the tax increase from 1 7 mills to 45 mills a
1 65 raise according to our math proposed in it North Dakota certainly does not need the
additional revenue that might come from this tax increase Our focus in this session is on tax decreases not increases If we are trying to do social engineering that is to discourage the practice the tax code is a poor place to do it If the goal is to eliminate smoking introduce a bil l prohibiting the sale or use of tobacco products in the state As witnessed by our experience with Minnesota increasing their cigarette tax with a health fee all we do is drive sales to a lower priced location by passing this bil l We see no acceptable reason to enact this tax
Thank you for the opportunity to appear before you today in opposition to HB 1 3 87 I would be happy to answer any questions
Champions Business
PO Box 2639 P 701middot222-0929 Bismarck NO 58502 F 701-222-1611
wwwndcharnbercorn
w - -I --------
North Dakota Retai l Association NO Petroleum Marketers Association
North Dakota Propane Gas Association
---- LEG S LAT VE BU LLET N Testimony- HB 1387
January 29 2013- House Finance and Tax Committee
Chairman Belter and Members of the House Finance and Tax Committee
We know any type of tax tends to put the squeeze on consumer spending potentially strain
household budgets and curb retail sales Which is exactly why the North Dakota Petroleum
Marketers Association and its 400 members from across the state are asking you to vote
NO on HB 1387
Passage of HB 1387 will burden North Dakotas lower Income Earners Cigarette
excise taxes are regressive in nature B ased on data from the Center for
Disease Control roughly 30 of adults in North Dakota who earn less than
$ 15000 are smokers whereas only 160 of adults who earn $50000 or
more are smokers Raising taxes will further unfairly burden low-income
earners
Passage of HB 1387 will harm the retail sector as well
Increasing the excise tax could hurt legitimate retailers when
adult smokers shift purchases to other outlets such as the internet This
would negatively affect North Dakota s 1 300 retailers
Even more pressing is the fear Passage of HB 1387 could increase illegal cigarette trafficking
An excise tax increase could provide incentives for smuggling and other
contraband activities resulting in lost revenues According to the Bureau of
1 02 5 North 3rd Street bull PO Box 1 9 5 6 bull Bismarck NO 58502 bull 701 -223-3370 bull Fax 7 0 1 -223-5004 Web Address ndretailorg bull ndpetroleumorg bull ndpropaneorg
Alcohol Tobacco Firearms and Explosives cigarette smuggling has
turned into a lucrative business for criminals who trade cigarettes and other
tobacco products on the black market Nationally its estimated $5 billion in
tax revenue annually is lost on the black market
For all of these reasons NDPMA is asking for a NO vote on HB 1387
Thank you for your time and consideration
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote
Cigarette Use
bull 44 ever tried cigarette smoking (1)
bull 19 smoked cigarettes on at least 1 day during the 30 days before the survey
bull 8 smoked cigarettes on 20 or more days during the 30 days before the survey
bull 47 did not try to quit smoking cigarettes (2)
Other Tobacco Use
bull 14 used chewing tobacco snuff or dip on at least 1 day during the 30 days before the
survey
bull 13 smoked cigars cigarillos or little cigars on at least 1 day during the 30 days before the
survey
Any Tobacco Use
bull 28 smoked cigarettes smoked cigars cigarillos or little cigars or used chewing tobacco
snuff or dip on at least 1 day during the 30 days before the survey
The current data support 2 ways to reduce youth smoking One is instituting smoke free laws
North Dakota voters strongly supported this in the election in November 2012 passing North
Dakotas new smoke-free law by a margin of 2 to 1 with every county and legislative district
voting in favor so its pretty clear this is what the people of North Dakota wanted Although
these laws are primarily designed to reduce the infliction of injury on others from secondhand
smoke smoke-free laws do tend to reduce youth smoking
The other way to reduce youth smoking is to increase taxes per pack of cigarettes
In a newly published study in the prestigious American Journal of Public Health doubling the
price of cigarettes decreased youth smoking by 13 which was the most effective way to cut
smoking in this population Its also estimated that in total in the states that increased tobacco
taxes during the study period resulted in 220000 fewer youth smokers
Other established previously published studies showed other benefits from increasing tobacco
taxes
bull Every 10 percent increase in the real price of cigarettes reduces overall cigarette
consumption by approximately three to five percent reduces the number
of young-adult smokers by 35 percent and reduces the number of kids who smoke by
six or seven percent
bull Cigarette price and tax increases work even more effectively to reduce smoking among
males Blacks Hispanics and lower-income smokers
bull A cigarette tax increase that raises prices by ten percent will reduce smoking among
pregnant women by seven percent saving many newborns from suffering from
smoking-affected births and related health consequences
bull Many states note increase in access to quit services such as what North Dakota has with
NDQuits when tobacco taxes increase Wisconsin and Iowa have notable data in this
area- for example Wisconsin went from about 9000 calls a month to 20000 in a month
after a new cigarette tax In Washington the number of smokers decreased by 100000
after their tobacco tax increase
Now I think many would say that North Dakota doesnt need another taxation revenue stream
and we are fortunate in North Dakota in that regard As well the people of North Dakota have
historically supported tobacco prevention funding- for example the well-known so called
Measure 3 of 2008 Currently North Dakota ranks very low in tobacco tax- we are ranked
46th with a state tax of 44 cents per pack The highest tobacco tax state is New York at $435
per pack The overall average is $128 Some may say that tobacco taxes pay for themselves
with health care but its estimated that each pack of cigarettes generates about $10 in health
care costs
Tobacco use itself remains a very expensive problem for North Dakota with an estimated $247
million spent annually on the treatment of tobacco related diseases Cutting down youth
smoking as well as smoking in other groups as noted has the potential to reduce these costs in
the future
Thank you for your time today and I would be happy to answer any other questions regarding
this or other tobacco related diseases or prevention My contact information can be provided
upon request References are provided as well
httpwwwtobaccofreekidsorgresearchfactsheetspdf0097pdf
httpwww n d health gov tobaccoFacts htm
httpwwwtobaccofreekidsorgresearchfactsheetspdf0146pdf
httpwwwcdcgovhealthyyouthyrbspdftobaccond tobacco combopdf
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use
(J amp bull Centers for Disease Control and Prevention ImiddotJj lldraquoA COC 247 Soving Lives Protecting Peopler-
Tobacco Control State Highlights 2012
Abstract
bull Highlights 2012 Abstract bull Highlights 2012 Cby section)
(tobaccodata statisticsstate datastate highlights2012sectionsindexhtm)
bull Highlights 2012 Buttons (tobaccobuttonsstate highlightsindexhtm)
bull Highlights 2012 Download
Page 1 of3 (
(tobaccodata statisticsstate datastate highlights2012zip fileshighlightszip) (Zip-163 MB)
bull Highlights 2012 Factsheet (tobaccodata statisticsstate datastate highlights2012pdfsfactsheetpdf) (PDF-so KB)
bull STATE System Interactive Maps (tobaccodata statisticsstate datastate highlights2012statesystemindexhtm)
Tobacco Control State Highlights 2012
Tobacco use is the single most preventable cause of death in the United States Each year in
the United States cigarette smoking and exposure to secondhand smoke causes 443000-or 1
in 5 deaths Economic losses are also staggering Smoking-caused diseases result in $96 billion
in health care costs annually
httnmiddotumm lrll anvtnhccnrlata statisticsstate datastate highlights2012indexhtm 1282013
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use Page 2 of3 V-
Some states have significantly improved the health of their citizens by reducing smoking rates
thereby decreasing smoking-related diseases deaths and health care costs Even in
economically challenging times states can make a significant difference in public health by
employing high-impact cost-effective tobacco control and prevention strategies as laid out in
the World Health Organizations MPOWER strategic package of interventions proven to
reduce tobacco use prevalence including
bull Monitor tobacco use and prevention policies bull Protect people from tobacco smoke bull Offer help to quit tobacco use bull Warn people about the dangers of tobacco bull Enforce bans on tobacco advertising promotion and sponsorship bull Raise state cigarette taxes on tobacco
Tobacco Control State Highlights 2012 guides states in developing and implementing highshy
impact strategies and assessing their performance This report also provides state-specific data
intended to-
1 Highlight how some states are making great strides in reducing smoking rates using evidence-based strategies while also showing that more work needs to be done in other states
2 Enable readers to see how their own states perform 3 Help policymakers with decision making
Post and share 2012 Tobacco Control State Highlights Buttons (tobaccobuttonsstate highlightsjindexhtm)
Interested in posting this syndicated content on your Web site
See the 1ist of Smoking and Tobacco Use syndicated pages Chttptoolscdcgovsyndicationpagesaspx
mediaCo11ectionld=s) find the page and select the Add to List link next to it
Related Archived Link I
bull Tobacco Control State Highlights 2010 (tobaccodata statisticsstate datastate highlights2010indexhtm) - --
htt I lnrnrm rJ anvtnhJrroclata statisticsstate datastate highlights20 12indexhtm 1282013
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use Page3 of3
Persons with disabilities who experience problems accessing the 2012 Tobacco Control
State Highlights should contact tobaccoinfocdcgov (mailtotobaccoinfocdcgov) or call1
-Soo-CDC-INFO (1-800-232-4636)
Page last reviewed January 24 2013 Page last updated January 24 2013 Content source Office on Smoking and Health National Center for Chronic Disease Prevention and Health Promotion
Centers for Disease Control and Prevention 1600 Clifton Rd Atlanta GA 30333 USA 8oo-CDC-INFO (800-232-4636) TTY (888) 232-6348- Contact CDC-INFO
11ttnwwwcdc 1mvtobaccodata statisticsstate datastate_ highlights2012indexhtm 12820 13
NORTH DAKOTA
Monitor
Adult Current CigaretteSmokeless Tobacco Use
In North Dakota the percentage of adults (ages 18+)
who currently smoke cigarettes was 219 in 2011
Across all states and DC the prevalence of cigarette smoking among adults ranged from 118 to 290
North Dakota ranked 30 among the states
The percentage of adults who currently use smoke-less tobacco was 76 in 2011 Across all states and DC the prevalence ranged from 14 to 98 North Dakota ranked 49 among the states
Current Cigarette and Smokeless Tobacco Use among Adults by Demographic Characteristics
National (median)
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
Less than high school degree
High school degree
More than high school degree
18-24 years old
25-44 years old
45-64 years old
65+ years old
bull Cigarettes
0 10 20
bullbullbull Sample size lt50
ml Smokeless Tobacco
30 40 Percent
50 60 70 80
Source Behavioral Risk Factor Surveillance System 2011
300
NORTH DAKOTA Youth Current CigaretteSmokeless TobaccoCigar Use
In North Dakota the percentage of youth in grades 9-12
who currently smoke cigarettes was 194 in 20 11 The range across 44 states was 59 to 241 North Dakota ranked 34h among 44 states
The percentage of youth who currently use smokeless tobacco was 136 in 2011 The range across 40 states was 35 to 169 North Dakota ranked 36h among 40 states
The percentage of youth who currently smoke cigars was 135 in 201 1 The range across 37 states was 50 to 183 North Dakota ranked 17h among 37 states
The percentage of youth who currently use tobacco (ie cigarettes smokeless tobacco andor cigars) was 283 in 2011 The range across 36 states was 78 to 319 North Dakota ranked 30h among 36 states
Tobacco Use among High School Students by Demographic Characteristics
bull Cigarettes
National
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
9th grade
1Oth grade
11th grade
12th grade
IE Smokeless Tobacco bull Cigars
0 10 20 30 Percent
Cigarettes smokeless tobacco andor cigars Sample size lt100
301
liil Tobacco
40 50 60 70
Source Youth Risk Behavior Survey 2011
NORTH DAKOTA Past-Year Cigarette Initiation
In 2008-2009 of all North Dakota youth ages 12-17
who had never smoked 66 smoked a cigarette for the first time in the past year This ranked 37 in the nation with a range of 33-92 among the states
Of all young adults ages 18-25 who had never smoked 147 smoked a cigarette for the first time in 2008-
2009 This ranked 51 in the nation with a range of 42-147 among the states
Past-Year Cigarette Initiates among Persons Aged 12-25 by Age of First Use 2002-2009
ltfJ c Ql v Ql c
25
20
15
10
5
0
__ Total Initiates -11- Initiates aged 12-17 --+-- Initiates aged 1 8-25
2002-2003 2004-2005 2006-2007 2008-2009
Year Source National Survey on Drug Use and Health 2002-2009
302
NORTH DAKOTA
Protect
Adult Exposure to Secondhand Smoke
Among all adults the percentage who reported being exposed to secondhand smoke within the past 7 days was lower in North Dakota than
Exposure to Secondhand Smoke
in the nation overall In 2009-2010 overall exposure to secondhand smoke in North Dakota was 450 ranking 1 8 among the states
I I I I Overall Workplaces i Homes 1 Vehicles Public Places I I
450
Adults were exposed to secondhand smoke in various locations The table shows the percentage of North Dakota adults who reported any exposure as well as exposure in their home in a vehicle or in indoor or outdoor areas at work or public places in the past 7 days
c Ql
100
Secondhand Smoke Exposure and Opinions about Smoking
in the Workplace bull National bull North Dakota
80
60 Ql a
Adults Reporting Being
Exposed to Secondhand
Smoke (overall)
Adults Who Think
Smoking Should Never be
Allowed in the Workplace
Source National Adult Tobacco Survey 2009-2010
Opinions about Smoking in the Workplace
In 2009-2010 778 of adults in North Dakota thought that smoking should never be allowed in indoor workplaces ranking 30 among the states
303
180 81 150 324 Source National Adult Tobacco Survey 2009-201 0
Smoke-Free Home Rules
In 2009-2010 836 of adults in North Dakota reported that their homes had smoke-free home rules ranking 18 among the states The percentage of homes without smoke-free home rules with children living in them was 284 ranking 11 among the states
Smoke-Free Home Rules and Homes without Rules that have Children
c Ql v Ql a
100
bull National
SmokemiddotFree Home
Rules
bull North Dakota
Homes without Rules
that have Children
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA State Smoke-Free Policy
As ofJune 30 2012 North Dakota had a smokeshyfree law that prohibits smoking in indoor areas of workplaces but not restaurants or bars The state allowed communities to enact local smoke-free laws
Note See Appendix B for updated legislation rhar rakes effect afrer June 30 2012
Offer
Adults Who Made a Quit Attempt in the Last Year
During 2009-2010 552 of North Dakota adult smokers made a quit attempt in the past year ranking 22d among the states
National
Percentage of Smokers Attempting to Quit
WORSE
In North Dakota
552 of adults made a quit attempt
ranking 22d
Source National Adult Tobacco Survey 2009-2010
Quitline Utilization
In 2010 the North Dakota quidine received 7478
calls and 1 342 tobacco users (an estimated 12 of all tobacco users in the state) received telephone counseling cessation medications or both from the state qui dine
Smoke-Free Legislation
I I Local Laws Workplaces Restaurants l Bars Permitted
Yes
I I
No No Yes Designated Smoking Areas t Ventilated Smoking Areas
bull Allowed for nonshyhospitality workplaces
1 Prohibited ror nonshyhospitJiity workplaces
t No Restrictions Allowed smoking in venues that prohibit minors
Note Not all footnotes may be used Source STATE System June 2012
304
Medicaid Coverage for Counseling and Medications
In 2010 North Dakotas Medicaid program provided incomplete coverage through Medicaid for tobaccoshydependence treatment North Dakota provided full coverage for some nicotine replacement therapies full coverage for varenicline full coverage for bupropion and no coverage for counseling (individual or group)
Medicaid Coverage for Counseling and Medications
Comprehensive Coverage
No
I Counseling NRT
Ms (On
1e or 1 Varenicline Jl Bupropion (Individual
ore andor Group)
Yes Yes Yes No
Pregnant women only t Fee-for-service only
Available only via the quitline
Note Not all footnotes may be used Source Halpinet a 2011
NORTH DAKOTA
Warn
Tobacco Counter-Marketing Media Intensity
CDC Best Practices recommendations translate into an average quarterly exposure of 1200 general audience gross raring points (GRPs) and 800 youth target raring points (TRPs) in effective anti-tobacco media campaigns North Dakota had an average of 10356 general audience GRPs and 1436 youth TRPs per quarter in television advertising supporting tobacco control messages in 2010
Anti-Tobacco Media Campaign Intensity G RPs Per Quarter
National
Median
2427 GRPs
General Audience
WORSE
North Dakota
Average 10356
GRPs (101h)
Source CDCOSH
Anti-Tobacco Media Campaign Intensity T RPs Per Quarter
National
Median
3 97TRPs
Youth (12-17Years)
WORSE
North
Dakota Average 1436 TRPs (13h)
Source CDCOSH
305
Knowledge of the Dangers of Tobacco
In North Dakota 657 of adults thought that breathing smoke from other peoples cigarettes or other tobacco products is very harmful to ones health in 2009-2010 Additionally 832 thought that cigarette smoking is very addictive
Secondhand Smoke
National
Average
656
WORSE
In North Dakota 657 of adults thought
__ secondhand smoke is very harmful The range
across all states was 721 to 559 North
Dakota ranked 17h
among the states
Source National Adult Tobacco Survey 2009-2010
Addictiveness of Smoking
National
Average
854
WORSE
In North Dakota 832 of adults thought that
smoking is very addictive The range across all states was
905 to 806 North __ Dakota ranked 45h among the states
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA
Enforce
State Allows Local Advertising and Promotion Laws State Allows Local Laws
As ofJune 30 2012 North Dakota allowed local regulation of tobacco industry promotions tobacco product sampling and display of tobacco products in commercial establishments
Promotion t Sampling I Display
Yes Yes Yes Source STATE System June 2012
Over-the-Counter Retail Licensure
As of June 30 2012 North Dakota required all establishments selling cigarettes and smokeless tobacco products over-the-counter to be licensed Nationally 37
states required over-the-counter licensure for cigarettes 29 of which also have a requirement for smokeless tobacco with various renewal frequencies fees and penalties for violations
Over-the-Counter Licensure and Penalties
Over-the- Minimum I Renewal I Penalty to Licensure Counter License License Fee Required I Business Includes _ Rqired _ _ (amp Frequelcy) _ Sruo_kes Toacc
$1500
Yes Yes
bull Annually Note Not all footnotes may be used bull Class A Misdemeanor Fine or Imprisonment or both Source STATE System June 2012
306
NORTH DAKOTA
Raise
Amount of Tobacco Product Excise Tax
As of June 302012 the excise tax on cigarettes in North Dakora was $044 per pack ranking 46h among the states The tax on cigars was 28 of the wholesale purchase price per cigar and for little cigars the tax was 28 of the wholesale purchase price per pack of 20 The tax on chewing tobacco was $0 I 6 per ounce with snuff taxed at $060 per ounce
Amount of Cigarette Excise Tax
National
Median
$1339
WORSE
As of June 30 2012
North Dakota had a
$044 cigarette excise tax-ranking 461h
among the states The range across states was
$435 to $017 per pack
Source STATE System June 2012
307
Price Paid for Last Cigarettes Purchased
In North Dakota 656 of adult smokers bought their last cigarettes by the pack and 344 bought them by the carton in 2009-2010 The average price that North Dakota smokers reported paying for their last pack of cigarettes was $433 in 2009-201 0 the range among states was $798 to $404 The average price that North Dakota smokers reponed paying for their last carton of cigarettes was $3561 in 2009-2010 the range among 45
states with valid data was $6445 to $3046
CAMPAIGN ov ToBACco-fREE
Kirk-middot
bull
ancer Action jii
N EW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVI NGS FROM A $100 CIGARETTE TAX I N C REASE I N NORTH DAKOTA
Cu rrent state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $1 048 per pack
Annual health care expenditu res in North Dakota directly caused by tobacco use $247 m illion S mokin g-caused state Med icaid program spending each year $47 mi l l ion
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $325 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase Percent decrease in youth smoking 154
-- -- -------------------------------------
Kids in North Dakota kept from becoming addicted adult smokers 6300 ------------------ --------------------------------------------------------------------------------
Current adult smokers in the state who would quit 5200 -----------------------------------------------------------------
Smoking-affected births avoided over next five years 900 -- -- --------
North Dakota residents saved from premature smoking-caused death 3400 ----middot-------------------- ------------------------------------------- middot --
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000 ------------ -----------------------------------
5- Year health care cost savings from fewer smoking-affected pregnancies amp births $213 mil l ion f-------------------------------------------------------------------------------------------------------------------------5- Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 mil l ion r------------------------------------------------------------------------------------------------------5- Year Medicaid program savings for the state $240000 ------------------------------------------------------------------------------------------------------- -----------
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 mil l ion 122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly diminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new reven ues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider all aspects of state tax pol icy related to OTPs (incl uding the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category linked to the state cigarette tax rate on a per-package or pe r-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoliciesltaxlus state local and httpwwwacscanorqltobaccopolicv
For more on sources and calculations see httpllwwwtobaccofreekidsorgresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Explanations amp Notes
Health care costs l isted at the top of the page are from the US Centers for Disease Control and Prevention
Projections a re based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the higher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggling and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion httptobaccofreekidsorgresearchfactsh eetspdf0274pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate i ncrease All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are limited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also limited because small tax i ncreases are unl ikely to produce significant public health benefits
Ongoing reductions in state smoking rates wil l over time gradually erode state cigarette tax revenues (in the absence of any new rate increases) But those declines are more predictable and less volatile than many other state revenue sources such as state income tax or corporate tax revenues (which can drop sharply during recessions) In addition the smoking declines that reduce tobacco tax revenues will simultaneously produce much larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdf0357pdf
For more on sources and calculations see httplwww tobaccofreekidsorqresearchlfactsheetslpdf028 1pdf
Needed State Efforts to P rotect State Tobacco Tax Revenues
Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qual ifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on all tobacco products to block tax evasion and promote tax equity No
High-tech tax stamps to stop counterfeiting and other smuggling and tax evasion No
Retailers lose license if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
North Dakota Tobacco Prevention and Control Executive Comm ittee
Center for Tobacco Prevention and Control Policy 4023 State Street Suite 65 bull Bismarck N D 58503-0638
Phone 70 1 328 5 1 30 middot Fax 701 328 5 1 35 middot Tol l Free 1 877277 5090
Testimony House Bil l 1 387
1 0 00 am Jan uary 29 20 1 3 House F inance and Taxation Comm ittee
Good morning Chairman Belter and members of the House Finance and Tax Committee I am Jeanne Prom executive director of the N D Center for Tobacco Prevention and Control Policy
I ncreasing the tobacco tax sig nificantly wil l lead to a decrease in tobacco use in our state Tobacco use is the leading cause of preventable disease and death and the tol l of tobacco u se in North Dakota is hig h
bull An n ual health care costs in North Dakota directly caused by smoking $247 mil l ion bull Portion paid by the state Medicaid prog ram annually $47 mil l ion bull N u mber of North Dakota adu lts who will die from smoking this year 800 bull High school students who smoke 7 400 (1 94) bull Male hig h school students who use smokeless or spit tobacco 22 2 bull Kids u nder 1 8 who become new daily smokers each year 600
The North Dakota Tobacco Prevention and Control Advisory Committee in its plan Saving Lives - Saving Money North Dakota s Comprehensive State Plan to Prevent and Control Tobacco Use cal ls for a sig nificant increase in al l tobacco taxes - to $2pack - to keep kids from starting and prompt users to quit As you can see on the attachments North Dakotas tobacco tax is one of the lowest in the country at 44 centspack This tax hasnt been increased since 1 993 The low tax resu lts in inexpensive tobacco that is affordable to youth and populations with l imited incomes and high smoking rates High tobacco taxes work most effectively to cut use among lower-income smokers and young male smokeless tobacco users - two g roups that suffer disproportionately from the harms of tobacco use
Tobacco use and its health hazards are completely preventable Raising the tobacco tax to $2pack with a comparable tax amou nt on other tobacco products can be expected to
bull Decrease youth smoking by 24 bull Reduce the number of kids from becoming addicted adult smokers by 9 900 bull Reduce the n umber of adults in the state who smoke by 8 200 bull Save the state mil l ions of dol lars in smoking-related health care costs over j ust 5 years
Please consider H B 1 387 with amendments to i ncrease the tobacco tax to $2pack with a comparable tax increase on al l other tobacco products
Thank you for your time and consideration I am happy to respond to any questions
The To bacco i n N o rth Da kota Updated Dec 5 2012
The Tol l of Tobacco in North Dakota
High school students who 1 94 (7400)
smoke middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot
Male high school stuents who 222
S SrlkS r Pt
t
Kids (under 1 8) who become 600
-middot- -IY S- X
Kids exposed to secondhand 42000
smoke at home Packs of cigarettes bought or
1 9 m il l ion lt9 Y i
------ Xr
Adu lts in North Dakota who smoke
21 9 ( 1 1 6 600)
Due to changes in CDCs methodology the 20 1 1 adult smoking rate cannot be
compared to adult smoking data from previous years
US National Data (201 1 )
i- -ltl flin
rt
Male h igh school students who 1 28
use smokeless tobacco
- n9 1 g(
Deaths i n North Da kota from Sm oking
Adults who die each year from th
k 800
e1r own smo mg
Kids now under 1 8 and alive in North Dakota who will ultimately 1 1 000 die prematurely from smoking
Smoking kil ls more people than alcohol AIDS car crashes i l legal drugs murders and suiCides combined - and thousands more die from other tobacco-related
causes - such as fires caused by smoking (more than 1 000 deathsyear nationwidr d smokeless tobacco use
Sm oking-Caused Monetary Costs in North Dakota
Annual health care costs in North Dakota directly caused by$247 m i ll ion
ltn
Portion covered by the state $47 m il l ion
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Residents state amp federal tax burden from srnoking-caused $574 per house hold
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t
r
Smoking-caused productivity $ 1 92 m i l l ion
losses in North Dakota
Amounts do not include health costs caused by exposure to secondhand smoke smoking-caused fires smokeless tobacco use or cigar and pipe smoking Tobacco vse also imposes additional costs such as workplace productivity losses and damage to property
Tobacco Industry I nflue nce in North Dakota
Annual tobacco industry marketing expenditures nationwide
$85 bil l ion
Estimated portion spent for North Dakota marketing each $257 m il l ion
year
Published research studies have found that kids are twice as sensitive to tobacco advertising than adults and are more l ikely to be influenced to smoke by cigarette marketing than by peer pressure One-third of underage experimentation with smoking is attributable to tobacco company advertising
View sources of information
More detailed fact sheets on tobaccos toll in each state are avai lable by emailing factsheetstobaccofreekids org
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Guam $300 No Marianas Islands $1 75
MAP OF STATE CIGARETTE TAX RATES
Average State Cigarette Tax $1 48 per Pack
Average Cigarette Tax in M ajor Tobacco States 485 cents per Pack
Average Cigarette Tax in N on-Tobacco States $1 61 per Pack
TX $1 41
gt
$320 Puerto Rico $223
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate since 1 999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $ 1 00 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or h igher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages l i sted above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The major tobacco states with extensive tobacco farming and often cigarette manufacturin g are NC KY VA SC TN amp GA Federal cigarette tax is $1 01 per pack Not shown are the special taxes or fee s some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local g overnments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) N ew York City ($1 50) and Anchorage AK ($2206) The U S Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $ 1 047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn
For m o re information on state cigarette taxes and the benefits from increasing them see httpwwwtobaccofreekidsorgfacts issuesfact s h eetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1 400 I Street NW middot Suite 1 200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekid sorg
State Tax
Alabama $0425 Alaska $200 Arizona $200 Arkansas $1 1 5 California $087 Colorado $084 Connecticut $340 Delaware $1 60 DC $250 Florida $1 339 Georgia $037 Hawai i $320 Idaho $057 I l l inois $1 98
Indiana $0995 Iowa $ 1 36 Kansas $079 Kentucky $060
STATE CIGARETTE EXCISE TAX RATES amp RANKINGS
Overal l All States Average $1 48 per pack
Major Tobacco States Average 485 cents per pack Other States Average $1 61 per pack
Rank State Tax Rank State
47th Louisiana $036 49th Oklahoma 1 1 th Maine $200 1 1 th Oregon 1 1 th Maryland $200 1 1 th Pennsylvania 30th Massachusetts $251 9th Rhode Island 33rd Michigan $200 1 1 th South Carolina 34th Minnesota $1 23 28th South Dakota 3rd Mississippi $068 37th Tennessee
2 1 st Missouri $0 1 7 5 1 st Texas 1 0th Montana $1 70 1 7th Utah 26th Nebraska $064 38th Vermont 48th Nevada $080 35th Virginia 4th New Hampshire $ 1 68 1 9th Washington
42nd New Jersey $270 6th West Virgin ia 1 6th New Mexico $1 66 20th Wisconsin
32nd New York $435 1 st Wyoming 25th North Carolina $045 45th Puerto Rico 36th North Dakota $044 46th G uam 40th Ohio $ 1 25 27th Northern Marianas
Tax stamp Includes 75cent health 1mpact fee
Tax Rank
$1 03 3 1 st $1 1 8 29th $1 60 2 1 st $350 2nd $057 42nd $ 1 53 23rd $062 39th $1 41 24th $1 70 1 7th $262 7th $0 30 50th
$3025 5th $055 44th $2 52 8th $060 40th $223 NA $300 NA $1 75 NA
Table shows al l cigarette tax rates in effect now Since 2002 47 states DC and several US territories have increased their cigarette tax rates more than 1 05 times The three states in bold type have not increased their cigarette tax since 1 999 or earlier Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $1 00 per pack or higher 14 states DC and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $4 00 per pack Tobacco states are KY VA NC SC GA and TN States average includes DC but not Puerto Rico other U S territories or local cigarette taxes The median tax rate is $1 34 per pack AK M l MN MS UT also have special taxes or fees on brands of manufacturers not participating in the state tobacco lawsuit settlements (NPMs)
The highest combined state-local tax rate is $585 in New York City with Chicago IL second at $566 per pack Other high state-local rates include Evanston IL at $548 and Anchorage AK at $4206 per pack For more on local cigarette taxes see httptobaccofreekids orgresearchfactsheetspdf0267 pdf
Federal cigarette tax is $1 01 per pack From the beginning of 1 998 through 2002 the m ajor cigarette companies increased the prices they charge by more than $1 25 per pack (but also instituted aggressive retail-level discounting for competitive pu rposes and to reduce related consumption declines) In January 2003 Philip Morris instituted a 65-cent per pack price cut for four of its major brands to replace its retail-level discounting and fight sales losses to discount brands and R J Reynolds followed suit In the last several years the major cigarette companies have increased their product prices by almost $ 1 00 per pack The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs total $1047 per pack sold and consumed in the US The average price for a pack of cigarettes nationwide is roughly $600 (including statewide sales taxes but not local cigarette or sales taxes other than NYCs $1 50 per pack cigarette tax) with considerable state-to-state differences because of d ifferent state tax rates and different manufacturer wholesaler and retailer pricing and discounting practices AK DE MT NH amp OR have no state retai l sales tax at al l OK has a state sales tax but does not apply it to cigarettes MN amp DC apply a per-pack sales tax at the wholesale level and AL GA amp MO (unl ike the rest of the states) do not apply their state sales tax to that portion of retai l cigarette prices that represents the states cigarette excise tax
Campaign for Tobacco-Free Kids December 13 2012 I Ann Boonn
For additional i nformation see the Cam paigns website at httplwwwtobaccofreekidsorgwhat we dostate localtaxes
Sources Orzechowski amp Walker Tax Burden on Tobacco 201 1 media reports state revenue department websites
middot Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change ih the actual excise tax rates just the way that the rates are listed
1 400 I Street NW - Suite 1 200 - Washington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
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NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $156 CIGARETTE TAX INCREASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $ 1 048 per pack
Annual health care expend itures in North Dakota directly caused by tobacco use $247 m ill ion Smoking-caused state Med icaid program spending each year $47 m il lion
New Annual Revenue from Increasing the Cigarette Tax Rate by $156 Per Pack $4109 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate I nc rease
Percent decrease in youth smoking 240 Kids in North Dakota kept from becoming addicted adult smokers 9900 Current adult smokers in the state who would quit 800 Smoking-affected births avoided over next five years 1 500 North Dakota residents saved from premature smoking-caused death 5400 5-Year health care cost savings from fewer smoking-caused lung cancer cases $1 26 million
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $333 mill ion
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $233 mill ion
5-Year Medicaid program savings for the state $380000 Long-term health care cost savings in the state from adult amp youth smoking declines $35066 mil l ion
122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years wi l l similarly diminish or el iminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider al l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $2 00 per pack cigarette tax the states new OTP tax rate should be at least 60 of the wholesale price with m inimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoiciesltaxlus state local and httpllwwwacscanorqltobaccopoicy
For m ore on sources and calculations see httpllwwwtobaccofreekidsorglresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer A ction Network Melissa Maitin-Shepard
Explanations amp Notes Health care costs l isted at the top of the page are from the US Centers for Disease Control and P revention
Projections are based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the h igher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggl ing and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion http 1tobaccofreekids orgresearchfactsheetspdf027 4 pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate increase All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are l imited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also l imited because small tax increases are unl ikely to produce significant public health benefits
Ongoing red uctions in state smoking rates will over time gradually erode state cigarette tax revenues (in the absence of any new rate i ncreases) But those declines are more predictable and less volatile than many other state revenue sources such as state i ncome tax or corporate tax revenues (which can drop sharply during recessions) I n addition the smoking declines that reduce tobacco tax revenues will sim ultaneously produce m uch larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdfl0357 pdf
For more on sources and calculations see httpllwww tobaccofreekidsorqlresearchlfactsheetspdf0281 pdf
Needed State Efforts to Protect State Tobacco Tax Revenues Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qualifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on al l tobacco products to block tax evasion and promote tax equity No
H ig h-tech tax stamps to stop counterfeiting and other smuggl ing and tax evasion No
Retailers lose l icense if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
Testimony of Bill Shalhoob
Greater North Dakota Chamber of Commerce HB 1 3 87
January 29 20 1 3
Greater North Dakota Chamber
Mr Chairman and members of the committee My name is Bill Shalhoob and I am here today representing the Greater North Dakota Chamber of Commerce the champions for business in North Dakota GNDC is working to build the strongest business environment possible through its more than 1 1 00 business members as well as partnerships and coalitions with local chambers of commerce from across the state GNDC also represents the National Association of
Manufacturers and works closely with the US Chamber of Commerce As a group we stand in opposition to HB 1d urge a do not pass from your committee on the bill
nn GNDC has a long history of opposing excise taxes which we believe are onerous and unfair
We have a difficult time understanding this bill and the tax increase from 1 7 mills to 45 mills a
1 65 raise according to our math proposed in it North Dakota certainly does not need the
additional revenue that might come from this tax increase Our focus in this session is on tax decreases not increases If we are trying to do social engineering that is to discourage the practice the tax code is a poor place to do it If the goal is to eliminate smoking introduce a bil l prohibiting the sale or use of tobacco products in the state As witnessed by our experience with Minnesota increasing their cigarette tax with a health fee all we do is drive sales to a lower priced location by passing this bil l We see no acceptable reason to enact this tax
Thank you for the opportunity to appear before you today in opposition to HB 1 3 87 I would be happy to answer any questions
Champions Business
PO Box 2639 P 701middot222-0929 Bismarck NO 58502 F 701-222-1611
wwwndcharnbercorn
w - -I --------
North Dakota Retai l Association NO Petroleum Marketers Association
North Dakota Propane Gas Association
---- LEG S LAT VE BU LLET N Testimony- HB 1387
January 29 2013- House Finance and Tax Committee
Chairman Belter and Members of the House Finance and Tax Committee
We know any type of tax tends to put the squeeze on consumer spending potentially strain
household budgets and curb retail sales Which is exactly why the North Dakota Petroleum
Marketers Association and its 400 members from across the state are asking you to vote
NO on HB 1387
Passage of HB 1387 will burden North Dakotas lower Income Earners Cigarette
excise taxes are regressive in nature B ased on data from the Center for
Disease Control roughly 30 of adults in North Dakota who earn less than
$ 15000 are smokers whereas only 160 of adults who earn $50000 or
more are smokers Raising taxes will further unfairly burden low-income
earners
Passage of HB 1387 will harm the retail sector as well
Increasing the excise tax could hurt legitimate retailers when
adult smokers shift purchases to other outlets such as the internet This
would negatively affect North Dakota s 1 300 retailers
Even more pressing is the fear Passage of HB 1387 could increase illegal cigarette trafficking
An excise tax increase could provide incentives for smuggling and other
contraband activities resulting in lost revenues According to the Bureau of
1 02 5 North 3rd Street bull PO Box 1 9 5 6 bull Bismarck NO 58502 bull 701 -223-3370 bull Fax 7 0 1 -223-5004 Web Address ndretailorg bull ndpetroleumorg bull ndpropaneorg
Alcohol Tobacco Firearms and Explosives cigarette smuggling has
turned into a lucrative business for criminals who trade cigarettes and other
tobacco products on the black market Nationally its estimated $5 billion in
tax revenue annually is lost on the black market
For all of these reasons NDPMA is asking for a NO vote on HB 1387
Thank you for your time and consideration
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote
The other way to reduce youth smoking is to increase taxes per pack of cigarettes
In a newly published study in the prestigious American Journal of Public Health doubling the
price of cigarettes decreased youth smoking by 13 which was the most effective way to cut
smoking in this population Its also estimated that in total in the states that increased tobacco
taxes during the study period resulted in 220000 fewer youth smokers
Other established previously published studies showed other benefits from increasing tobacco
taxes
bull Every 10 percent increase in the real price of cigarettes reduces overall cigarette
consumption by approximately three to five percent reduces the number
of young-adult smokers by 35 percent and reduces the number of kids who smoke by
six or seven percent
bull Cigarette price and tax increases work even more effectively to reduce smoking among
males Blacks Hispanics and lower-income smokers
bull A cigarette tax increase that raises prices by ten percent will reduce smoking among
pregnant women by seven percent saving many newborns from suffering from
smoking-affected births and related health consequences
bull Many states note increase in access to quit services such as what North Dakota has with
NDQuits when tobacco taxes increase Wisconsin and Iowa have notable data in this
area- for example Wisconsin went from about 9000 calls a month to 20000 in a month
after a new cigarette tax In Washington the number of smokers decreased by 100000
after their tobacco tax increase
Now I think many would say that North Dakota doesnt need another taxation revenue stream
and we are fortunate in North Dakota in that regard As well the people of North Dakota have
historically supported tobacco prevention funding- for example the well-known so called
Measure 3 of 2008 Currently North Dakota ranks very low in tobacco tax- we are ranked
46th with a state tax of 44 cents per pack The highest tobacco tax state is New York at $435
per pack The overall average is $128 Some may say that tobacco taxes pay for themselves
with health care but its estimated that each pack of cigarettes generates about $10 in health
care costs
Tobacco use itself remains a very expensive problem for North Dakota with an estimated $247
million spent annually on the treatment of tobacco related diseases Cutting down youth
smoking as well as smoking in other groups as noted has the potential to reduce these costs in
the future
Thank you for your time today and I would be happy to answer any other questions regarding
this or other tobacco related diseases or prevention My contact information can be provided
upon request References are provided as well
httpwwwtobaccofreekidsorgresearchfactsheetspdf0097pdf
httpwww n d health gov tobaccoFacts htm
httpwwwtobaccofreekidsorgresearchfactsheetspdf0146pdf
httpwwwcdcgovhealthyyouthyrbspdftobaccond tobacco combopdf
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use
(J amp bull Centers for Disease Control and Prevention ImiddotJj lldraquoA COC 247 Soving Lives Protecting Peopler-
Tobacco Control State Highlights 2012
Abstract
bull Highlights 2012 Abstract bull Highlights 2012 Cby section)
(tobaccodata statisticsstate datastate highlights2012sectionsindexhtm)
bull Highlights 2012 Buttons (tobaccobuttonsstate highlightsindexhtm)
bull Highlights 2012 Download
Page 1 of3 (
(tobaccodata statisticsstate datastate highlights2012zip fileshighlightszip) (Zip-163 MB)
bull Highlights 2012 Factsheet (tobaccodata statisticsstate datastate highlights2012pdfsfactsheetpdf) (PDF-so KB)
bull STATE System Interactive Maps (tobaccodata statisticsstate datastate highlights2012statesystemindexhtm)
Tobacco Control State Highlights 2012
Tobacco use is the single most preventable cause of death in the United States Each year in
the United States cigarette smoking and exposure to secondhand smoke causes 443000-or 1
in 5 deaths Economic losses are also staggering Smoking-caused diseases result in $96 billion
in health care costs annually
httnmiddotumm lrll anvtnhccnrlata statisticsstate datastate highlights2012indexhtm 1282013
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use Page 2 of3 V-
Some states have significantly improved the health of their citizens by reducing smoking rates
thereby decreasing smoking-related diseases deaths and health care costs Even in
economically challenging times states can make a significant difference in public health by
employing high-impact cost-effective tobacco control and prevention strategies as laid out in
the World Health Organizations MPOWER strategic package of interventions proven to
reduce tobacco use prevalence including
bull Monitor tobacco use and prevention policies bull Protect people from tobacco smoke bull Offer help to quit tobacco use bull Warn people about the dangers of tobacco bull Enforce bans on tobacco advertising promotion and sponsorship bull Raise state cigarette taxes on tobacco
Tobacco Control State Highlights 2012 guides states in developing and implementing highshy
impact strategies and assessing their performance This report also provides state-specific data
intended to-
1 Highlight how some states are making great strides in reducing smoking rates using evidence-based strategies while also showing that more work needs to be done in other states
2 Enable readers to see how their own states perform 3 Help policymakers with decision making
Post and share 2012 Tobacco Control State Highlights Buttons (tobaccobuttonsstate highlightsjindexhtm)
Interested in posting this syndicated content on your Web site
See the 1ist of Smoking and Tobacco Use syndicated pages Chttptoolscdcgovsyndicationpagesaspx
mediaCo11ectionld=s) find the page and select the Add to List link next to it
Related Archived Link I
bull Tobacco Control State Highlights 2010 (tobaccodata statisticsstate datastate highlights2010indexhtm) - --
htt I lnrnrm rJ anvtnhJrroclata statisticsstate datastate highlights20 12indexhtm 1282013
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use Page3 of3
Persons with disabilities who experience problems accessing the 2012 Tobacco Control
State Highlights should contact tobaccoinfocdcgov (mailtotobaccoinfocdcgov) or call1
-Soo-CDC-INFO (1-800-232-4636)
Page last reviewed January 24 2013 Page last updated January 24 2013 Content source Office on Smoking and Health National Center for Chronic Disease Prevention and Health Promotion
Centers for Disease Control and Prevention 1600 Clifton Rd Atlanta GA 30333 USA 8oo-CDC-INFO (800-232-4636) TTY (888) 232-6348- Contact CDC-INFO
11ttnwwwcdc 1mvtobaccodata statisticsstate datastate_ highlights2012indexhtm 12820 13
NORTH DAKOTA
Monitor
Adult Current CigaretteSmokeless Tobacco Use
In North Dakota the percentage of adults (ages 18+)
who currently smoke cigarettes was 219 in 2011
Across all states and DC the prevalence of cigarette smoking among adults ranged from 118 to 290
North Dakota ranked 30 among the states
The percentage of adults who currently use smoke-less tobacco was 76 in 2011 Across all states and DC the prevalence ranged from 14 to 98 North Dakota ranked 49 among the states
Current Cigarette and Smokeless Tobacco Use among Adults by Demographic Characteristics
National (median)
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
Less than high school degree
High school degree
More than high school degree
18-24 years old
25-44 years old
45-64 years old
65+ years old
bull Cigarettes
0 10 20
bullbullbull Sample size lt50
ml Smokeless Tobacco
30 40 Percent
50 60 70 80
Source Behavioral Risk Factor Surveillance System 2011
300
NORTH DAKOTA Youth Current CigaretteSmokeless TobaccoCigar Use
In North Dakota the percentage of youth in grades 9-12
who currently smoke cigarettes was 194 in 20 11 The range across 44 states was 59 to 241 North Dakota ranked 34h among 44 states
The percentage of youth who currently use smokeless tobacco was 136 in 2011 The range across 40 states was 35 to 169 North Dakota ranked 36h among 40 states
The percentage of youth who currently smoke cigars was 135 in 201 1 The range across 37 states was 50 to 183 North Dakota ranked 17h among 37 states
The percentage of youth who currently use tobacco (ie cigarettes smokeless tobacco andor cigars) was 283 in 2011 The range across 36 states was 78 to 319 North Dakota ranked 30h among 36 states
Tobacco Use among High School Students by Demographic Characteristics
bull Cigarettes
National
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
9th grade
1Oth grade
11th grade
12th grade
IE Smokeless Tobacco bull Cigars
0 10 20 30 Percent
Cigarettes smokeless tobacco andor cigars Sample size lt100
301
liil Tobacco
40 50 60 70
Source Youth Risk Behavior Survey 2011
NORTH DAKOTA Past-Year Cigarette Initiation
In 2008-2009 of all North Dakota youth ages 12-17
who had never smoked 66 smoked a cigarette for the first time in the past year This ranked 37 in the nation with a range of 33-92 among the states
Of all young adults ages 18-25 who had never smoked 147 smoked a cigarette for the first time in 2008-
2009 This ranked 51 in the nation with a range of 42-147 among the states
Past-Year Cigarette Initiates among Persons Aged 12-25 by Age of First Use 2002-2009
ltfJ c Ql v Ql c
25
20
15
10
5
0
__ Total Initiates -11- Initiates aged 12-17 --+-- Initiates aged 1 8-25
2002-2003 2004-2005 2006-2007 2008-2009
Year Source National Survey on Drug Use and Health 2002-2009
302
NORTH DAKOTA
Protect
Adult Exposure to Secondhand Smoke
Among all adults the percentage who reported being exposed to secondhand smoke within the past 7 days was lower in North Dakota than
Exposure to Secondhand Smoke
in the nation overall In 2009-2010 overall exposure to secondhand smoke in North Dakota was 450 ranking 1 8 among the states
I I I I Overall Workplaces i Homes 1 Vehicles Public Places I I
450
Adults were exposed to secondhand smoke in various locations The table shows the percentage of North Dakota adults who reported any exposure as well as exposure in their home in a vehicle or in indoor or outdoor areas at work or public places in the past 7 days
c Ql
100
Secondhand Smoke Exposure and Opinions about Smoking
in the Workplace bull National bull North Dakota
80
60 Ql a
Adults Reporting Being
Exposed to Secondhand
Smoke (overall)
Adults Who Think
Smoking Should Never be
Allowed in the Workplace
Source National Adult Tobacco Survey 2009-2010
Opinions about Smoking in the Workplace
In 2009-2010 778 of adults in North Dakota thought that smoking should never be allowed in indoor workplaces ranking 30 among the states
303
180 81 150 324 Source National Adult Tobacco Survey 2009-201 0
Smoke-Free Home Rules
In 2009-2010 836 of adults in North Dakota reported that their homes had smoke-free home rules ranking 18 among the states The percentage of homes without smoke-free home rules with children living in them was 284 ranking 11 among the states
Smoke-Free Home Rules and Homes without Rules that have Children
c Ql v Ql a
100
bull National
SmokemiddotFree Home
Rules
bull North Dakota
Homes without Rules
that have Children
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA State Smoke-Free Policy
As ofJune 30 2012 North Dakota had a smokeshyfree law that prohibits smoking in indoor areas of workplaces but not restaurants or bars The state allowed communities to enact local smoke-free laws
Note See Appendix B for updated legislation rhar rakes effect afrer June 30 2012
Offer
Adults Who Made a Quit Attempt in the Last Year
During 2009-2010 552 of North Dakota adult smokers made a quit attempt in the past year ranking 22d among the states
National
Percentage of Smokers Attempting to Quit
WORSE
In North Dakota
552 of adults made a quit attempt
ranking 22d
Source National Adult Tobacco Survey 2009-2010
Quitline Utilization
In 2010 the North Dakota quidine received 7478
calls and 1 342 tobacco users (an estimated 12 of all tobacco users in the state) received telephone counseling cessation medications or both from the state qui dine
Smoke-Free Legislation
I I Local Laws Workplaces Restaurants l Bars Permitted
Yes
I I
No No Yes Designated Smoking Areas t Ventilated Smoking Areas
bull Allowed for nonshyhospitality workplaces
1 Prohibited ror nonshyhospitJiity workplaces
t No Restrictions Allowed smoking in venues that prohibit minors
Note Not all footnotes may be used Source STATE System June 2012
304
Medicaid Coverage for Counseling and Medications
In 2010 North Dakotas Medicaid program provided incomplete coverage through Medicaid for tobaccoshydependence treatment North Dakota provided full coverage for some nicotine replacement therapies full coverage for varenicline full coverage for bupropion and no coverage for counseling (individual or group)
Medicaid Coverage for Counseling and Medications
Comprehensive Coverage
No
I Counseling NRT
Ms (On
1e or 1 Varenicline Jl Bupropion (Individual
ore andor Group)
Yes Yes Yes No
Pregnant women only t Fee-for-service only
Available only via the quitline
Note Not all footnotes may be used Source Halpinet a 2011
NORTH DAKOTA
Warn
Tobacco Counter-Marketing Media Intensity
CDC Best Practices recommendations translate into an average quarterly exposure of 1200 general audience gross raring points (GRPs) and 800 youth target raring points (TRPs) in effective anti-tobacco media campaigns North Dakota had an average of 10356 general audience GRPs and 1436 youth TRPs per quarter in television advertising supporting tobacco control messages in 2010
Anti-Tobacco Media Campaign Intensity G RPs Per Quarter
National
Median
2427 GRPs
General Audience
WORSE
North Dakota
Average 10356
GRPs (101h)
Source CDCOSH
Anti-Tobacco Media Campaign Intensity T RPs Per Quarter
National
Median
3 97TRPs
Youth (12-17Years)
WORSE
North
Dakota Average 1436 TRPs (13h)
Source CDCOSH
305
Knowledge of the Dangers of Tobacco
In North Dakota 657 of adults thought that breathing smoke from other peoples cigarettes or other tobacco products is very harmful to ones health in 2009-2010 Additionally 832 thought that cigarette smoking is very addictive
Secondhand Smoke
National
Average
656
WORSE
In North Dakota 657 of adults thought
__ secondhand smoke is very harmful The range
across all states was 721 to 559 North
Dakota ranked 17h
among the states
Source National Adult Tobacco Survey 2009-2010
Addictiveness of Smoking
National
Average
854
WORSE
In North Dakota 832 of adults thought that
smoking is very addictive The range across all states was
905 to 806 North __ Dakota ranked 45h among the states
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA
Enforce
State Allows Local Advertising and Promotion Laws State Allows Local Laws
As ofJune 30 2012 North Dakota allowed local regulation of tobacco industry promotions tobacco product sampling and display of tobacco products in commercial establishments
Promotion t Sampling I Display
Yes Yes Yes Source STATE System June 2012
Over-the-Counter Retail Licensure
As of June 30 2012 North Dakota required all establishments selling cigarettes and smokeless tobacco products over-the-counter to be licensed Nationally 37
states required over-the-counter licensure for cigarettes 29 of which also have a requirement for smokeless tobacco with various renewal frequencies fees and penalties for violations
Over-the-Counter Licensure and Penalties
Over-the- Minimum I Renewal I Penalty to Licensure Counter License License Fee Required I Business Includes _ Rqired _ _ (amp Frequelcy) _ Sruo_kes Toacc
$1500
Yes Yes
bull Annually Note Not all footnotes may be used bull Class A Misdemeanor Fine or Imprisonment or both Source STATE System June 2012
306
NORTH DAKOTA
Raise
Amount of Tobacco Product Excise Tax
As of June 302012 the excise tax on cigarettes in North Dakora was $044 per pack ranking 46h among the states The tax on cigars was 28 of the wholesale purchase price per cigar and for little cigars the tax was 28 of the wholesale purchase price per pack of 20 The tax on chewing tobacco was $0 I 6 per ounce with snuff taxed at $060 per ounce
Amount of Cigarette Excise Tax
National
Median
$1339
WORSE
As of June 30 2012
North Dakota had a
$044 cigarette excise tax-ranking 461h
among the states The range across states was
$435 to $017 per pack
Source STATE System June 2012
307
Price Paid for Last Cigarettes Purchased
In North Dakota 656 of adult smokers bought their last cigarettes by the pack and 344 bought them by the carton in 2009-2010 The average price that North Dakota smokers reported paying for their last pack of cigarettes was $433 in 2009-201 0 the range among states was $798 to $404 The average price that North Dakota smokers reponed paying for their last carton of cigarettes was $3561 in 2009-2010 the range among 45
states with valid data was $6445 to $3046
CAMPAIGN ov ToBACco-fREE
Kirk-middot
bull
ancer Action jii
N EW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVI NGS FROM A $100 CIGARETTE TAX I N C REASE I N NORTH DAKOTA
Cu rrent state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $1 048 per pack
Annual health care expenditu res in North Dakota directly caused by tobacco use $247 m illion S mokin g-caused state Med icaid program spending each year $47 mi l l ion
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $325 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase Percent decrease in youth smoking 154
-- -- -------------------------------------
Kids in North Dakota kept from becoming addicted adult smokers 6300 ------------------ --------------------------------------------------------------------------------
Current adult smokers in the state who would quit 5200 -----------------------------------------------------------------
Smoking-affected births avoided over next five years 900 -- -- --------
North Dakota residents saved from premature smoking-caused death 3400 ----middot-------------------- ------------------------------------------- middot --
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000 ------------ -----------------------------------
5- Year health care cost savings from fewer smoking-affected pregnancies amp births $213 mil l ion f-------------------------------------------------------------------------------------------------------------------------5- Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 mil l ion r------------------------------------------------------------------------------------------------------5- Year Medicaid program savings for the state $240000 ------------------------------------------------------------------------------------------------------- -----------
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 mil l ion 122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly diminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new reven ues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider all aspects of state tax pol icy related to OTPs (incl uding the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category linked to the state cigarette tax rate on a per-package or pe r-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoliciesltaxlus state local and httpwwwacscanorqltobaccopolicv
For more on sources and calculations see httpllwwwtobaccofreekidsorgresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Explanations amp Notes
Health care costs l isted at the top of the page are from the US Centers for Disease Control and Prevention
Projections a re based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the higher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggling and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion httptobaccofreekidsorgresearchfactsh eetspdf0274pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate i ncrease All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are limited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also limited because small tax i ncreases are unl ikely to produce significant public health benefits
Ongoing reductions in state smoking rates wil l over time gradually erode state cigarette tax revenues (in the absence of any new rate increases) But those declines are more predictable and less volatile than many other state revenue sources such as state income tax or corporate tax revenues (which can drop sharply during recessions) In addition the smoking declines that reduce tobacco tax revenues will simultaneously produce much larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdf0357pdf
For more on sources and calculations see httplwww tobaccofreekidsorqresearchlfactsheetslpdf028 1pdf
Needed State Efforts to P rotect State Tobacco Tax Revenues
Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qual ifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on all tobacco products to block tax evasion and promote tax equity No
High-tech tax stamps to stop counterfeiting and other smuggling and tax evasion No
Retailers lose license if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
North Dakota Tobacco Prevention and Control Executive Comm ittee
Center for Tobacco Prevention and Control Policy 4023 State Street Suite 65 bull Bismarck N D 58503-0638
Phone 70 1 328 5 1 30 middot Fax 701 328 5 1 35 middot Tol l Free 1 877277 5090
Testimony House Bil l 1 387
1 0 00 am Jan uary 29 20 1 3 House F inance and Taxation Comm ittee
Good morning Chairman Belter and members of the House Finance and Tax Committee I am Jeanne Prom executive director of the N D Center for Tobacco Prevention and Control Policy
I ncreasing the tobacco tax sig nificantly wil l lead to a decrease in tobacco use in our state Tobacco use is the leading cause of preventable disease and death and the tol l of tobacco u se in North Dakota is hig h
bull An n ual health care costs in North Dakota directly caused by smoking $247 mil l ion bull Portion paid by the state Medicaid prog ram annually $47 mil l ion bull N u mber of North Dakota adu lts who will die from smoking this year 800 bull High school students who smoke 7 400 (1 94) bull Male hig h school students who use smokeless or spit tobacco 22 2 bull Kids u nder 1 8 who become new daily smokers each year 600
The North Dakota Tobacco Prevention and Control Advisory Committee in its plan Saving Lives - Saving Money North Dakota s Comprehensive State Plan to Prevent and Control Tobacco Use cal ls for a sig nificant increase in al l tobacco taxes - to $2pack - to keep kids from starting and prompt users to quit As you can see on the attachments North Dakotas tobacco tax is one of the lowest in the country at 44 centspack This tax hasnt been increased since 1 993 The low tax resu lts in inexpensive tobacco that is affordable to youth and populations with l imited incomes and high smoking rates High tobacco taxes work most effectively to cut use among lower-income smokers and young male smokeless tobacco users - two g roups that suffer disproportionately from the harms of tobacco use
Tobacco use and its health hazards are completely preventable Raising the tobacco tax to $2pack with a comparable tax amou nt on other tobacco products can be expected to
bull Decrease youth smoking by 24 bull Reduce the number of kids from becoming addicted adult smokers by 9 900 bull Reduce the n umber of adults in the state who smoke by 8 200 bull Save the state mil l ions of dol lars in smoking-related health care costs over j ust 5 years
Please consider H B 1 387 with amendments to i ncrease the tobacco tax to $2pack with a comparable tax increase on al l other tobacco products
Thank you for your time and consideration I am happy to respond to any questions
The To bacco i n N o rth Da kota Updated Dec 5 2012
The Tol l of Tobacco in North Dakota
High school students who 1 94 (7400)
smoke middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot
Male high school stuents who 222
S SrlkS r Pt
t
Kids (under 1 8) who become 600
-middot- -IY S- X
Kids exposed to secondhand 42000
smoke at home Packs of cigarettes bought or
1 9 m il l ion lt9 Y i
------ Xr
Adu lts in North Dakota who smoke
21 9 ( 1 1 6 600)
Due to changes in CDCs methodology the 20 1 1 adult smoking rate cannot be
compared to adult smoking data from previous years
US National Data (201 1 )
i- -ltl flin
rt
Male h igh school students who 1 28
use smokeless tobacco
- n9 1 g(
Deaths i n North Da kota from Sm oking
Adults who die each year from th
k 800
e1r own smo mg
Kids now under 1 8 and alive in North Dakota who will ultimately 1 1 000 die prematurely from smoking
Smoking kil ls more people than alcohol AIDS car crashes i l legal drugs murders and suiCides combined - and thousands more die from other tobacco-related
causes - such as fires caused by smoking (more than 1 000 deathsyear nationwidr d smokeless tobacco use
Sm oking-Caused Monetary Costs in North Dakota
Annual health care costs in North Dakota directly caused by$247 m i ll ion
ltn
Portion covered by the state $47 m il l ion
-ii P9--
Residents state amp federal tax burden from srnoking-caused $574 per house hold
V-nt Pn i_
t
r
Smoking-caused productivity $ 1 92 m i l l ion
losses in North Dakota
Amounts do not include health costs caused by exposure to secondhand smoke smoking-caused fires smokeless tobacco use or cigar and pipe smoking Tobacco vse also imposes additional costs such as workplace productivity losses and damage to property
Tobacco Industry I nflue nce in North Dakota
Annual tobacco industry marketing expenditures nationwide
$85 bil l ion
Estimated portion spent for North Dakota marketing each $257 m il l ion
year
Published research studies have found that kids are twice as sensitive to tobacco advertising than adults and are more l ikely to be influenced to smoke by cigarette marketing than by peer pressure One-third of underage experimentation with smoking is attributable to tobacco company advertising
View sources of information
More detailed fact sheets on tobaccos toll in each state are avai lable by emailing factsheetstobaccofreekids org
CAMPAIGN middot ov
ToBA((o-fRpoundpound K ick
Guam $300 No Marianas Islands $1 75
MAP OF STATE CIGARETTE TAX RATES
Average State Cigarette Tax $1 48 per Pack
Average Cigarette Tax in M ajor Tobacco States 485 cents per Pack
Average Cigarette Tax in N on-Tobacco States $1 61 per Pack
TX $1 41
gt
$320 Puerto Rico $223
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate since 1 999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $ 1 00 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or h igher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages l i sted above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The major tobacco states with extensive tobacco farming and often cigarette manufacturin g are NC KY VA SC TN amp GA Federal cigarette tax is $1 01 per pack Not shown are the special taxes or fee s some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local g overnments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) N ew York City ($1 50) and Anchorage AK ($2206) The U S Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $ 1 047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn
For m o re information on state cigarette taxes and the benefits from increasing them see httpwwwtobaccofreekidsorgfacts issuesfact s h eetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1 400 I Street NW middot Suite 1 200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekid sorg
State Tax
Alabama $0425 Alaska $200 Arizona $200 Arkansas $1 1 5 California $087 Colorado $084 Connecticut $340 Delaware $1 60 DC $250 Florida $1 339 Georgia $037 Hawai i $320 Idaho $057 I l l inois $1 98
Indiana $0995 Iowa $ 1 36 Kansas $079 Kentucky $060
STATE CIGARETTE EXCISE TAX RATES amp RANKINGS
Overal l All States Average $1 48 per pack
Major Tobacco States Average 485 cents per pack Other States Average $1 61 per pack
Rank State Tax Rank State
47th Louisiana $036 49th Oklahoma 1 1 th Maine $200 1 1 th Oregon 1 1 th Maryland $200 1 1 th Pennsylvania 30th Massachusetts $251 9th Rhode Island 33rd Michigan $200 1 1 th South Carolina 34th Minnesota $1 23 28th South Dakota 3rd Mississippi $068 37th Tennessee
2 1 st Missouri $0 1 7 5 1 st Texas 1 0th Montana $1 70 1 7th Utah 26th Nebraska $064 38th Vermont 48th Nevada $080 35th Virginia 4th New Hampshire $ 1 68 1 9th Washington
42nd New Jersey $270 6th West Virgin ia 1 6th New Mexico $1 66 20th Wisconsin
32nd New York $435 1 st Wyoming 25th North Carolina $045 45th Puerto Rico 36th North Dakota $044 46th G uam 40th Ohio $ 1 25 27th Northern Marianas
Tax stamp Includes 75cent health 1mpact fee
Tax Rank
$1 03 3 1 st $1 1 8 29th $1 60 2 1 st $350 2nd $057 42nd $ 1 53 23rd $062 39th $1 41 24th $1 70 1 7th $262 7th $0 30 50th
$3025 5th $055 44th $2 52 8th $060 40th $223 NA $300 NA $1 75 NA
Table shows al l cigarette tax rates in effect now Since 2002 47 states DC and several US territories have increased their cigarette tax rates more than 1 05 times The three states in bold type have not increased their cigarette tax since 1 999 or earlier Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $1 00 per pack or higher 14 states DC and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $4 00 per pack Tobacco states are KY VA NC SC GA and TN States average includes DC but not Puerto Rico other U S territories or local cigarette taxes The median tax rate is $1 34 per pack AK M l MN MS UT also have special taxes or fees on brands of manufacturers not participating in the state tobacco lawsuit settlements (NPMs)
The highest combined state-local tax rate is $585 in New York City with Chicago IL second at $566 per pack Other high state-local rates include Evanston IL at $548 and Anchorage AK at $4206 per pack For more on local cigarette taxes see httptobaccofreekids orgresearchfactsheetspdf0267 pdf
Federal cigarette tax is $1 01 per pack From the beginning of 1 998 through 2002 the m ajor cigarette companies increased the prices they charge by more than $1 25 per pack (but also instituted aggressive retail-level discounting for competitive pu rposes and to reduce related consumption declines) In January 2003 Philip Morris instituted a 65-cent per pack price cut for four of its major brands to replace its retail-level discounting and fight sales losses to discount brands and R J Reynolds followed suit In the last several years the major cigarette companies have increased their product prices by almost $ 1 00 per pack The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs total $1047 per pack sold and consumed in the US The average price for a pack of cigarettes nationwide is roughly $600 (including statewide sales taxes but not local cigarette or sales taxes other than NYCs $1 50 per pack cigarette tax) with considerable state-to-state differences because of d ifferent state tax rates and different manufacturer wholesaler and retailer pricing and discounting practices AK DE MT NH amp OR have no state retai l sales tax at al l OK has a state sales tax but does not apply it to cigarettes MN amp DC apply a per-pack sales tax at the wholesale level and AL GA amp MO (unl ike the rest of the states) do not apply their state sales tax to that portion of retai l cigarette prices that represents the states cigarette excise tax
Campaign for Tobacco-Free Kids December 13 2012 I Ann Boonn
For additional i nformation see the Cam paigns website at httplwwwtobaccofreekidsorgwhat we dostate localtaxes
Sources Orzechowski amp Walker Tax Burden on Tobacco 201 1 media reports state revenue department websites
middot Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change ih the actual excise tax rates just the way that the rates are listed
1 400 I Street NW - Suite 1 200 - Washington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
CAMPAIGN kJI TOigtAltpound0-fRpoundpound
K ick
NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $156 CIGARETTE TAX INCREASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $ 1 048 per pack
Annual health care expend itures in North Dakota directly caused by tobacco use $247 m ill ion Smoking-caused state Med icaid program spending each year $47 m il lion
New Annual Revenue from Increasing the Cigarette Tax Rate by $156 Per Pack $4109 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate I nc rease
Percent decrease in youth smoking 240 Kids in North Dakota kept from becoming addicted adult smokers 9900 Current adult smokers in the state who would quit 800 Smoking-affected births avoided over next five years 1 500 North Dakota residents saved from premature smoking-caused death 5400 5-Year health care cost savings from fewer smoking-caused lung cancer cases $1 26 million
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $333 mill ion
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $233 mill ion
5-Year Medicaid program savings for the state $380000 Long-term health care cost savings in the state from adult amp youth smoking declines $35066 mil l ion
122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years wi l l similarly diminish or el iminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider al l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $2 00 per pack cigarette tax the states new OTP tax rate should be at least 60 of the wholesale price with m inimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoiciesltaxlus state local and httpllwwwacscanorqltobaccopoicy
For m ore on sources and calculations see httpllwwwtobaccofreekidsorglresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer A ction Network Melissa Maitin-Shepard
Explanations amp Notes Health care costs l isted at the top of the page are from the US Centers for Disease Control and P revention
Projections are based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the h igher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggl ing and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion http 1tobaccofreekids orgresearchfactsheetspdf027 4 pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate increase All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are l imited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also l imited because small tax increases are unl ikely to produce significant public health benefits
Ongoing red uctions in state smoking rates will over time gradually erode state cigarette tax revenues (in the absence of any new rate i ncreases) But those declines are more predictable and less volatile than many other state revenue sources such as state i ncome tax or corporate tax revenues (which can drop sharply during recessions) I n addition the smoking declines that reduce tobacco tax revenues will sim ultaneously produce m uch larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdfl0357 pdf
For more on sources and calculations see httpllwww tobaccofreekidsorqlresearchlfactsheetspdf0281 pdf
Needed State Efforts to Protect State Tobacco Tax Revenues Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qualifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on al l tobacco products to block tax evasion and promote tax equity No
H ig h-tech tax stamps to stop counterfeiting and other smuggl ing and tax evasion No
Retailers lose l icense if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
Testimony of Bill Shalhoob
Greater North Dakota Chamber of Commerce HB 1 3 87
January 29 20 1 3
Greater North Dakota Chamber
Mr Chairman and members of the committee My name is Bill Shalhoob and I am here today representing the Greater North Dakota Chamber of Commerce the champions for business in North Dakota GNDC is working to build the strongest business environment possible through its more than 1 1 00 business members as well as partnerships and coalitions with local chambers of commerce from across the state GNDC also represents the National Association of
Manufacturers and works closely with the US Chamber of Commerce As a group we stand in opposition to HB 1d urge a do not pass from your committee on the bill
nn GNDC has a long history of opposing excise taxes which we believe are onerous and unfair
We have a difficult time understanding this bill and the tax increase from 1 7 mills to 45 mills a
1 65 raise according to our math proposed in it North Dakota certainly does not need the
additional revenue that might come from this tax increase Our focus in this session is on tax decreases not increases If we are trying to do social engineering that is to discourage the practice the tax code is a poor place to do it If the goal is to eliminate smoking introduce a bil l prohibiting the sale or use of tobacco products in the state As witnessed by our experience with Minnesota increasing their cigarette tax with a health fee all we do is drive sales to a lower priced location by passing this bil l We see no acceptable reason to enact this tax
Thank you for the opportunity to appear before you today in opposition to HB 1 3 87 I would be happy to answer any questions
Champions Business
PO Box 2639 P 701middot222-0929 Bismarck NO 58502 F 701-222-1611
wwwndcharnbercorn
w - -I --------
North Dakota Retai l Association NO Petroleum Marketers Association
North Dakota Propane Gas Association
---- LEG S LAT VE BU LLET N Testimony- HB 1387
January 29 2013- House Finance and Tax Committee
Chairman Belter and Members of the House Finance and Tax Committee
We know any type of tax tends to put the squeeze on consumer spending potentially strain
household budgets and curb retail sales Which is exactly why the North Dakota Petroleum
Marketers Association and its 400 members from across the state are asking you to vote
NO on HB 1387
Passage of HB 1387 will burden North Dakotas lower Income Earners Cigarette
excise taxes are regressive in nature B ased on data from the Center for
Disease Control roughly 30 of adults in North Dakota who earn less than
$ 15000 are smokers whereas only 160 of adults who earn $50000 or
more are smokers Raising taxes will further unfairly burden low-income
earners
Passage of HB 1387 will harm the retail sector as well
Increasing the excise tax could hurt legitimate retailers when
adult smokers shift purchases to other outlets such as the internet This
would negatively affect North Dakota s 1 300 retailers
Even more pressing is the fear Passage of HB 1387 could increase illegal cigarette trafficking
An excise tax increase could provide incentives for smuggling and other
contraband activities resulting in lost revenues According to the Bureau of
1 02 5 North 3rd Street bull PO Box 1 9 5 6 bull Bismarck NO 58502 bull 701 -223-3370 bull Fax 7 0 1 -223-5004 Web Address ndretailorg bull ndpetroleumorg bull ndpropaneorg
Alcohol Tobacco Firearms and Explosives cigarette smuggling has
turned into a lucrative business for criminals who trade cigarettes and other
tobacco products on the black market Nationally its estimated $5 billion in
tax revenue annually is lost on the black market
For all of these reasons NDPMA is asking for a NO vote on HB 1387
Thank you for your time and consideration
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote
Now I think many would say that North Dakota doesnt need another taxation revenue stream
and we are fortunate in North Dakota in that regard As well the people of North Dakota have
historically supported tobacco prevention funding- for example the well-known so called
Measure 3 of 2008 Currently North Dakota ranks very low in tobacco tax- we are ranked
46th with a state tax of 44 cents per pack The highest tobacco tax state is New York at $435
per pack The overall average is $128 Some may say that tobacco taxes pay for themselves
with health care but its estimated that each pack of cigarettes generates about $10 in health
care costs
Tobacco use itself remains a very expensive problem for North Dakota with an estimated $247
million spent annually on the treatment of tobacco related diseases Cutting down youth
smoking as well as smoking in other groups as noted has the potential to reduce these costs in
the future
Thank you for your time today and I would be happy to answer any other questions regarding
this or other tobacco related diseases or prevention My contact information can be provided
upon request References are provided as well
httpwwwtobaccofreekidsorgresearchfactsheetspdf0097pdf
httpwww n d health gov tobaccoFacts htm
httpwwwtobaccofreekidsorgresearchfactsheetspdf0146pdf
httpwwwcdcgovhealthyyouthyrbspdftobaccond tobacco combopdf
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use
(J amp bull Centers for Disease Control and Prevention ImiddotJj lldraquoA COC 247 Soving Lives Protecting Peopler-
Tobacco Control State Highlights 2012
Abstract
bull Highlights 2012 Abstract bull Highlights 2012 Cby section)
(tobaccodata statisticsstate datastate highlights2012sectionsindexhtm)
bull Highlights 2012 Buttons (tobaccobuttonsstate highlightsindexhtm)
bull Highlights 2012 Download
Page 1 of3 (
(tobaccodata statisticsstate datastate highlights2012zip fileshighlightszip) (Zip-163 MB)
bull Highlights 2012 Factsheet (tobaccodata statisticsstate datastate highlights2012pdfsfactsheetpdf) (PDF-so KB)
bull STATE System Interactive Maps (tobaccodata statisticsstate datastate highlights2012statesystemindexhtm)
Tobacco Control State Highlights 2012
Tobacco use is the single most preventable cause of death in the United States Each year in
the United States cigarette smoking and exposure to secondhand smoke causes 443000-or 1
in 5 deaths Economic losses are also staggering Smoking-caused diseases result in $96 billion
in health care costs annually
httnmiddotumm lrll anvtnhccnrlata statisticsstate datastate highlights2012indexhtm 1282013
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use Page 2 of3 V-
Some states have significantly improved the health of their citizens by reducing smoking rates
thereby decreasing smoking-related diseases deaths and health care costs Even in
economically challenging times states can make a significant difference in public health by
employing high-impact cost-effective tobacco control and prevention strategies as laid out in
the World Health Organizations MPOWER strategic package of interventions proven to
reduce tobacco use prevalence including
bull Monitor tobacco use and prevention policies bull Protect people from tobacco smoke bull Offer help to quit tobacco use bull Warn people about the dangers of tobacco bull Enforce bans on tobacco advertising promotion and sponsorship bull Raise state cigarette taxes on tobacco
Tobacco Control State Highlights 2012 guides states in developing and implementing highshy
impact strategies and assessing their performance This report also provides state-specific data
intended to-
1 Highlight how some states are making great strides in reducing smoking rates using evidence-based strategies while also showing that more work needs to be done in other states
2 Enable readers to see how their own states perform 3 Help policymakers with decision making
Post and share 2012 Tobacco Control State Highlights Buttons (tobaccobuttonsstate highlightsjindexhtm)
Interested in posting this syndicated content on your Web site
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mediaCo11ectionld=s) find the page and select the Add to List link next to it
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Persons with disabilities who experience problems accessing the 2012 Tobacco Control
State Highlights should contact tobaccoinfocdcgov (mailtotobaccoinfocdcgov) or call1
-Soo-CDC-INFO (1-800-232-4636)
Page last reviewed January 24 2013 Page last updated January 24 2013 Content source Office on Smoking and Health National Center for Chronic Disease Prevention and Health Promotion
Centers for Disease Control and Prevention 1600 Clifton Rd Atlanta GA 30333 USA 8oo-CDC-INFO (800-232-4636) TTY (888) 232-6348- Contact CDC-INFO
11ttnwwwcdc 1mvtobaccodata statisticsstate datastate_ highlights2012indexhtm 12820 13
NORTH DAKOTA
Monitor
Adult Current CigaretteSmokeless Tobacco Use
In North Dakota the percentage of adults (ages 18+)
who currently smoke cigarettes was 219 in 2011
Across all states and DC the prevalence of cigarette smoking among adults ranged from 118 to 290
North Dakota ranked 30 among the states
The percentage of adults who currently use smoke-less tobacco was 76 in 2011 Across all states and DC the prevalence ranged from 14 to 98 North Dakota ranked 49 among the states
Current Cigarette and Smokeless Tobacco Use among Adults by Demographic Characteristics
National (median)
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
Less than high school degree
High school degree
More than high school degree
18-24 years old
25-44 years old
45-64 years old
65+ years old
bull Cigarettes
0 10 20
bullbullbull Sample size lt50
ml Smokeless Tobacco
30 40 Percent
50 60 70 80
Source Behavioral Risk Factor Surveillance System 2011
300
NORTH DAKOTA Youth Current CigaretteSmokeless TobaccoCigar Use
In North Dakota the percentage of youth in grades 9-12
who currently smoke cigarettes was 194 in 20 11 The range across 44 states was 59 to 241 North Dakota ranked 34h among 44 states
The percentage of youth who currently use smokeless tobacco was 136 in 2011 The range across 40 states was 35 to 169 North Dakota ranked 36h among 40 states
The percentage of youth who currently smoke cigars was 135 in 201 1 The range across 37 states was 50 to 183 North Dakota ranked 17h among 37 states
The percentage of youth who currently use tobacco (ie cigarettes smokeless tobacco andor cigars) was 283 in 2011 The range across 36 states was 78 to 319 North Dakota ranked 30h among 36 states
Tobacco Use among High School Students by Demographic Characteristics
bull Cigarettes
National
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
9th grade
1Oth grade
11th grade
12th grade
IE Smokeless Tobacco bull Cigars
0 10 20 30 Percent
Cigarettes smokeless tobacco andor cigars Sample size lt100
301
liil Tobacco
40 50 60 70
Source Youth Risk Behavior Survey 2011
NORTH DAKOTA Past-Year Cigarette Initiation
In 2008-2009 of all North Dakota youth ages 12-17
who had never smoked 66 smoked a cigarette for the first time in the past year This ranked 37 in the nation with a range of 33-92 among the states
Of all young adults ages 18-25 who had never smoked 147 smoked a cigarette for the first time in 2008-
2009 This ranked 51 in the nation with a range of 42-147 among the states
Past-Year Cigarette Initiates among Persons Aged 12-25 by Age of First Use 2002-2009
ltfJ c Ql v Ql c
25
20
15
10
5
0
__ Total Initiates -11- Initiates aged 12-17 --+-- Initiates aged 1 8-25
2002-2003 2004-2005 2006-2007 2008-2009
Year Source National Survey on Drug Use and Health 2002-2009
302
NORTH DAKOTA
Protect
Adult Exposure to Secondhand Smoke
Among all adults the percentage who reported being exposed to secondhand smoke within the past 7 days was lower in North Dakota than
Exposure to Secondhand Smoke
in the nation overall In 2009-2010 overall exposure to secondhand smoke in North Dakota was 450 ranking 1 8 among the states
I I I I Overall Workplaces i Homes 1 Vehicles Public Places I I
450
Adults were exposed to secondhand smoke in various locations The table shows the percentage of North Dakota adults who reported any exposure as well as exposure in their home in a vehicle or in indoor or outdoor areas at work or public places in the past 7 days
c Ql
100
Secondhand Smoke Exposure and Opinions about Smoking
in the Workplace bull National bull North Dakota
80
60 Ql a
Adults Reporting Being
Exposed to Secondhand
Smoke (overall)
Adults Who Think
Smoking Should Never be
Allowed in the Workplace
Source National Adult Tobacco Survey 2009-2010
Opinions about Smoking in the Workplace
In 2009-2010 778 of adults in North Dakota thought that smoking should never be allowed in indoor workplaces ranking 30 among the states
303
180 81 150 324 Source National Adult Tobacco Survey 2009-201 0
Smoke-Free Home Rules
In 2009-2010 836 of adults in North Dakota reported that their homes had smoke-free home rules ranking 18 among the states The percentage of homes without smoke-free home rules with children living in them was 284 ranking 11 among the states
Smoke-Free Home Rules and Homes without Rules that have Children
c Ql v Ql a
100
bull National
SmokemiddotFree Home
Rules
bull North Dakota
Homes without Rules
that have Children
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA State Smoke-Free Policy
As ofJune 30 2012 North Dakota had a smokeshyfree law that prohibits smoking in indoor areas of workplaces but not restaurants or bars The state allowed communities to enact local smoke-free laws
Note See Appendix B for updated legislation rhar rakes effect afrer June 30 2012
Offer
Adults Who Made a Quit Attempt in the Last Year
During 2009-2010 552 of North Dakota adult smokers made a quit attempt in the past year ranking 22d among the states
National
Percentage of Smokers Attempting to Quit
WORSE
In North Dakota
552 of adults made a quit attempt
ranking 22d
Source National Adult Tobacco Survey 2009-2010
Quitline Utilization
In 2010 the North Dakota quidine received 7478
calls and 1 342 tobacco users (an estimated 12 of all tobacco users in the state) received telephone counseling cessation medications or both from the state qui dine
Smoke-Free Legislation
I I Local Laws Workplaces Restaurants l Bars Permitted
Yes
I I
No No Yes Designated Smoking Areas t Ventilated Smoking Areas
bull Allowed for nonshyhospitality workplaces
1 Prohibited ror nonshyhospitJiity workplaces
t No Restrictions Allowed smoking in venues that prohibit minors
Note Not all footnotes may be used Source STATE System June 2012
304
Medicaid Coverage for Counseling and Medications
In 2010 North Dakotas Medicaid program provided incomplete coverage through Medicaid for tobaccoshydependence treatment North Dakota provided full coverage for some nicotine replacement therapies full coverage for varenicline full coverage for bupropion and no coverage for counseling (individual or group)
Medicaid Coverage for Counseling and Medications
Comprehensive Coverage
No
I Counseling NRT
Ms (On
1e or 1 Varenicline Jl Bupropion (Individual
ore andor Group)
Yes Yes Yes No
Pregnant women only t Fee-for-service only
Available only via the quitline
Note Not all footnotes may be used Source Halpinet a 2011
NORTH DAKOTA
Warn
Tobacco Counter-Marketing Media Intensity
CDC Best Practices recommendations translate into an average quarterly exposure of 1200 general audience gross raring points (GRPs) and 800 youth target raring points (TRPs) in effective anti-tobacco media campaigns North Dakota had an average of 10356 general audience GRPs and 1436 youth TRPs per quarter in television advertising supporting tobacco control messages in 2010
Anti-Tobacco Media Campaign Intensity G RPs Per Quarter
National
Median
2427 GRPs
General Audience
WORSE
North Dakota
Average 10356
GRPs (101h)
Source CDCOSH
Anti-Tobacco Media Campaign Intensity T RPs Per Quarter
National
Median
3 97TRPs
Youth (12-17Years)
WORSE
North
Dakota Average 1436 TRPs (13h)
Source CDCOSH
305
Knowledge of the Dangers of Tobacco
In North Dakota 657 of adults thought that breathing smoke from other peoples cigarettes or other tobacco products is very harmful to ones health in 2009-2010 Additionally 832 thought that cigarette smoking is very addictive
Secondhand Smoke
National
Average
656
WORSE
In North Dakota 657 of adults thought
__ secondhand smoke is very harmful The range
across all states was 721 to 559 North
Dakota ranked 17h
among the states
Source National Adult Tobacco Survey 2009-2010
Addictiveness of Smoking
National
Average
854
WORSE
In North Dakota 832 of adults thought that
smoking is very addictive The range across all states was
905 to 806 North __ Dakota ranked 45h among the states
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA
Enforce
State Allows Local Advertising and Promotion Laws State Allows Local Laws
As ofJune 30 2012 North Dakota allowed local regulation of tobacco industry promotions tobacco product sampling and display of tobacco products in commercial establishments
Promotion t Sampling I Display
Yes Yes Yes Source STATE System June 2012
Over-the-Counter Retail Licensure
As of June 30 2012 North Dakota required all establishments selling cigarettes and smokeless tobacco products over-the-counter to be licensed Nationally 37
states required over-the-counter licensure for cigarettes 29 of which also have a requirement for smokeless tobacco with various renewal frequencies fees and penalties for violations
Over-the-Counter Licensure and Penalties
Over-the- Minimum I Renewal I Penalty to Licensure Counter License License Fee Required I Business Includes _ Rqired _ _ (amp Frequelcy) _ Sruo_kes Toacc
$1500
Yes Yes
bull Annually Note Not all footnotes may be used bull Class A Misdemeanor Fine or Imprisonment or both Source STATE System June 2012
306
NORTH DAKOTA
Raise
Amount of Tobacco Product Excise Tax
As of June 302012 the excise tax on cigarettes in North Dakora was $044 per pack ranking 46h among the states The tax on cigars was 28 of the wholesale purchase price per cigar and for little cigars the tax was 28 of the wholesale purchase price per pack of 20 The tax on chewing tobacco was $0 I 6 per ounce with snuff taxed at $060 per ounce
Amount of Cigarette Excise Tax
National
Median
$1339
WORSE
As of June 30 2012
North Dakota had a
$044 cigarette excise tax-ranking 461h
among the states The range across states was
$435 to $017 per pack
Source STATE System June 2012
307
Price Paid for Last Cigarettes Purchased
In North Dakota 656 of adult smokers bought their last cigarettes by the pack and 344 bought them by the carton in 2009-2010 The average price that North Dakota smokers reported paying for their last pack of cigarettes was $433 in 2009-201 0 the range among states was $798 to $404 The average price that North Dakota smokers reponed paying for their last carton of cigarettes was $3561 in 2009-2010 the range among 45
states with valid data was $6445 to $3046
CAMPAIGN ov ToBACco-fREE
Kirk-middot
bull
ancer Action jii
N EW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVI NGS FROM A $100 CIGARETTE TAX I N C REASE I N NORTH DAKOTA
Cu rrent state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $1 048 per pack
Annual health care expenditu res in North Dakota directly caused by tobacco use $247 m illion S mokin g-caused state Med icaid program spending each year $47 mi l l ion
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $325 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase Percent decrease in youth smoking 154
-- -- -------------------------------------
Kids in North Dakota kept from becoming addicted adult smokers 6300 ------------------ --------------------------------------------------------------------------------
Current adult smokers in the state who would quit 5200 -----------------------------------------------------------------
Smoking-affected births avoided over next five years 900 -- -- --------
North Dakota residents saved from premature smoking-caused death 3400 ----middot-------------------- ------------------------------------------- middot --
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000 ------------ -----------------------------------
5- Year health care cost savings from fewer smoking-affected pregnancies amp births $213 mil l ion f-------------------------------------------------------------------------------------------------------------------------5- Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 mil l ion r------------------------------------------------------------------------------------------------------5- Year Medicaid program savings for the state $240000 ------------------------------------------------------------------------------------------------------- -----------
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 mil l ion 122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly diminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new reven ues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider all aspects of state tax pol icy related to OTPs (incl uding the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category linked to the state cigarette tax rate on a per-package or pe r-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoliciesltaxlus state local and httpwwwacscanorqltobaccopolicv
For more on sources and calculations see httpllwwwtobaccofreekidsorgresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Explanations amp Notes
Health care costs l isted at the top of the page are from the US Centers for Disease Control and Prevention
Projections a re based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the higher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggling and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion httptobaccofreekidsorgresearchfactsh eetspdf0274pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate i ncrease All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are limited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also limited because small tax i ncreases are unl ikely to produce significant public health benefits
Ongoing reductions in state smoking rates wil l over time gradually erode state cigarette tax revenues (in the absence of any new rate increases) But those declines are more predictable and less volatile than many other state revenue sources such as state income tax or corporate tax revenues (which can drop sharply during recessions) In addition the smoking declines that reduce tobacco tax revenues will simultaneously produce much larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdf0357pdf
For more on sources and calculations see httplwww tobaccofreekidsorqresearchlfactsheetslpdf028 1pdf
Needed State Efforts to P rotect State Tobacco Tax Revenues
Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qual ifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on all tobacco products to block tax evasion and promote tax equity No
High-tech tax stamps to stop counterfeiting and other smuggling and tax evasion No
Retailers lose license if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
North Dakota Tobacco Prevention and Control Executive Comm ittee
Center for Tobacco Prevention and Control Policy 4023 State Street Suite 65 bull Bismarck N D 58503-0638
Phone 70 1 328 5 1 30 middot Fax 701 328 5 1 35 middot Tol l Free 1 877277 5090
Testimony House Bil l 1 387
1 0 00 am Jan uary 29 20 1 3 House F inance and Taxation Comm ittee
Good morning Chairman Belter and members of the House Finance and Tax Committee I am Jeanne Prom executive director of the N D Center for Tobacco Prevention and Control Policy
I ncreasing the tobacco tax sig nificantly wil l lead to a decrease in tobacco use in our state Tobacco use is the leading cause of preventable disease and death and the tol l of tobacco u se in North Dakota is hig h
bull An n ual health care costs in North Dakota directly caused by smoking $247 mil l ion bull Portion paid by the state Medicaid prog ram annually $47 mil l ion bull N u mber of North Dakota adu lts who will die from smoking this year 800 bull High school students who smoke 7 400 (1 94) bull Male hig h school students who use smokeless or spit tobacco 22 2 bull Kids u nder 1 8 who become new daily smokers each year 600
The North Dakota Tobacco Prevention and Control Advisory Committee in its plan Saving Lives - Saving Money North Dakota s Comprehensive State Plan to Prevent and Control Tobacco Use cal ls for a sig nificant increase in al l tobacco taxes - to $2pack - to keep kids from starting and prompt users to quit As you can see on the attachments North Dakotas tobacco tax is one of the lowest in the country at 44 centspack This tax hasnt been increased since 1 993 The low tax resu lts in inexpensive tobacco that is affordable to youth and populations with l imited incomes and high smoking rates High tobacco taxes work most effectively to cut use among lower-income smokers and young male smokeless tobacco users - two g roups that suffer disproportionately from the harms of tobacco use
Tobacco use and its health hazards are completely preventable Raising the tobacco tax to $2pack with a comparable tax amou nt on other tobacco products can be expected to
bull Decrease youth smoking by 24 bull Reduce the number of kids from becoming addicted adult smokers by 9 900 bull Reduce the n umber of adults in the state who smoke by 8 200 bull Save the state mil l ions of dol lars in smoking-related health care costs over j ust 5 years
Please consider H B 1 387 with amendments to i ncrease the tobacco tax to $2pack with a comparable tax increase on al l other tobacco products
Thank you for your time and consideration I am happy to respond to any questions
The To bacco i n N o rth Da kota Updated Dec 5 2012
The Tol l of Tobacco in North Dakota
High school students who 1 94 (7400)
smoke middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot
Male high school stuents who 222
S SrlkS r Pt
t
Kids (under 1 8) who become 600
-middot- -IY S- X
Kids exposed to secondhand 42000
smoke at home Packs of cigarettes bought or
1 9 m il l ion lt9 Y i
------ Xr
Adu lts in North Dakota who smoke
21 9 ( 1 1 6 600)
Due to changes in CDCs methodology the 20 1 1 adult smoking rate cannot be
compared to adult smoking data from previous years
US National Data (201 1 )
i- -ltl flin
rt
Male h igh school students who 1 28
use smokeless tobacco
- n9 1 g(
Deaths i n North Da kota from Sm oking
Adults who die each year from th
k 800
e1r own smo mg
Kids now under 1 8 and alive in North Dakota who will ultimately 1 1 000 die prematurely from smoking
Smoking kil ls more people than alcohol AIDS car crashes i l legal drugs murders and suiCides combined - and thousands more die from other tobacco-related
causes - such as fires caused by smoking (more than 1 000 deathsyear nationwidr d smokeless tobacco use
Sm oking-Caused Monetary Costs in North Dakota
Annual health care costs in North Dakota directly caused by$247 m i ll ion
ltn
Portion covered by the state $47 m il l ion
-ii P9--
Residents state amp federal tax burden from srnoking-caused $574 per house hold
V-nt Pn i_
t
r
Smoking-caused productivity $ 1 92 m i l l ion
losses in North Dakota
Amounts do not include health costs caused by exposure to secondhand smoke smoking-caused fires smokeless tobacco use or cigar and pipe smoking Tobacco vse also imposes additional costs such as workplace productivity losses and damage to property
Tobacco Industry I nflue nce in North Dakota
Annual tobacco industry marketing expenditures nationwide
$85 bil l ion
Estimated portion spent for North Dakota marketing each $257 m il l ion
year
Published research studies have found that kids are twice as sensitive to tobacco advertising than adults and are more l ikely to be influenced to smoke by cigarette marketing than by peer pressure One-third of underage experimentation with smoking is attributable to tobacco company advertising
View sources of information
More detailed fact sheets on tobaccos toll in each state are avai lable by emailing factsheetstobaccofreekids org
CAMPAIGN middot ov
ToBA((o-fRpoundpound K ick
Guam $300 No Marianas Islands $1 75
MAP OF STATE CIGARETTE TAX RATES
Average State Cigarette Tax $1 48 per Pack
Average Cigarette Tax in M ajor Tobacco States 485 cents per Pack
Average Cigarette Tax in N on-Tobacco States $1 61 per Pack
TX $1 41
gt
$320 Puerto Rico $223
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate since 1 999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $ 1 00 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or h igher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages l i sted above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The major tobacco states with extensive tobacco farming and often cigarette manufacturin g are NC KY VA SC TN amp GA Federal cigarette tax is $1 01 per pack Not shown are the special taxes or fee s some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local g overnments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) N ew York City ($1 50) and Anchorage AK ($2206) The U S Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $ 1 047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn
For m o re information on state cigarette taxes and the benefits from increasing them see httpwwwtobaccofreekidsorgfacts issuesfact s h eetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1 400 I Street NW middot Suite 1 200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekid sorg
State Tax
Alabama $0425 Alaska $200 Arizona $200 Arkansas $1 1 5 California $087 Colorado $084 Connecticut $340 Delaware $1 60 DC $250 Florida $1 339 Georgia $037 Hawai i $320 Idaho $057 I l l inois $1 98
Indiana $0995 Iowa $ 1 36 Kansas $079 Kentucky $060
STATE CIGARETTE EXCISE TAX RATES amp RANKINGS
Overal l All States Average $1 48 per pack
Major Tobacco States Average 485 cents per pack Other States Average $1 61 per pack
Rank State Tax Rank State
47th Louisiana $036 49th Oklahoma 1 1 th Maine $200 1 1 th Oregon 1 1 th Maryland $200 1 1 th Pennsylvania 30th Massachusetts $251 9th Rhode Island 33rd Michigan $200 1 1 th South Carolina 34th Minnesota $1 23 28th South Dakota 3rd Mississippi $068 37th Tennessee
2 1 st Missouri $0 1 7 5 1 st Texas 1 0th Montana $1 70 1 7th Utah 26th Nebraska $064 38th Vermont 48th Nevada $080 35th Virginia 4th New Hampshire $ 1 68 1 9th Washington
42nd New Jersey $270 6th West Virgin ia 1 6th New Mexico $1 66 20th Wisconsin
32nd New York $435 1 st Wyoming 25th North Carolina $045 45th Puerto Rico 36th North Dakota $044 46th G uam 40th Ohio $ 1 25 27th Northern Marianas
Tax stamp Includes 75cent health 1mpact fee
Tax Rank
$1 03 3 1 st $1 1 8 29th $1 60 2 1 st $350 2nd $057 42nd $ 1 53 23rd $062 39th $1 41 24th $1 70 1 7th $262 7th $0 30 50th
$3025 5th $055 44th $2 52 8th $060 40th $223 NA $300 NA $1 75 NA
Table shows al l cigarette tax rates in effect now Since 2002 47 states DC and several US territories have increased their cigarette tax rates more than 1 05 times The three states in bold type have not increased their cigarette tax since 1 999 or earlier Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $1 00 per pack or higher 14 states DC and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $4 00 per pack Tobacco states are KY VA NC SC GA and TN States average includes DC but not Puerto Rico other U S territories or local cigarette taxes The median tax rate is $1 34 per pack AK M l MN MS UT also have special taxes or fees on brands of manufacturers not participating in the state tobacco lawsuit settlements (NPMs)
The highest combined state-local tax rate is $585 in New York City with Chicago IL second at $566 per pack Other high state-local rates include Evanston IL at $548 and Anchorage AK at $4206 per pack For more on local cigarette taxes see httptobaccofreekids orgresearchfactsheetspdf0267 pdf
Federal cigarette tax is $1 01 per pack From the beginning of 1 998 through 2002 the m ajor cigarette companies increased the prices they charge by more than $1 25 per pack (but also instituted aggressive retail-level discounting for competitive pu rposes and to reduce related consumption declines) In January 2003 Philip Morris instituted a 65-cent per pack price cut for four of its major brands to replace its retail-level discounting and fight sales losses to discount brands and R J Reynolds followed suit In the last several years the major cigarette companies have increased their product prices by almost $ 1 00 per pack The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs total $1047 per pack sold and consumed in the US The average price for a pack of cigarettes nationwide is roughly $600 (including statewide sales taxes but not local cigarette or sales taxes other than NYCs $1 50 per pack cigarette tax) with considerable state-to-state differences because of d ifferent state tax rates and different manufacturer wholesaler and retailer pricing and discounting practices AK DE MT NH amp OR have no state retai l sales tax at al l OK has a state sales tax but does not apply it to cigarettes MN amp DC apply a per-pack sales tax at the wholesale level and AL GA amp MO (unl ike the rest of the states) do not apply their state sales tax to that portion of retai l cigarette prices that represents the states cigarette excise tax
Campaign for Tobacco-Free Kids December 13 2012 I Ann Boonn
For additional i nformation see the Cam paigns website at httplwwwtobaccofreekidsorgwhat we dostate localtaxes
Sources Orzechowski amp Walker Tax Burden on Tobacco 201 1 media reports state revenue department websites
middot Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change ih the actual excise tax rates just the way that the rates are listed
1 400 I Street NW - Suite 1 200 - Washington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
CAMPAIGN kJI TOigtAltpound0-fRpoundpound
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NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $156 CIGARETTE TAX INCREASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $ 1 048 per pack
Annual health care expend itures in North Dakota directly caused by tobacco use $247 m ill ion Smoking-caused state Med icaid program spending each year $47 m il lion
New Annual Revenue from Increasing the Cigarette Tax Rate by $156 Per Pack $4109 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate I nc rease
Percent decrease in youth smoking 240 Kids in North Dakota kept from becoming addicted adult smokers 9900 Current adult smokers in the state who would quit 800 Smoking-affected births avoided over next five years 1 500 North Dakota residents saved from premature smoking-caused death 5400 5-Year health care cost savings from fewer smoking-caused lung cancer cases $1 26 million
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $333 mill ion
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $233 mill ion
5-Year Medicaid program savings for the state $380000 Long-term health care cost savings in the state from adult amp youth smoking declines $35066 mil l ion
122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years wi l l similarly diminish or el iminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider al l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $2 00 per pack cigarette tax the states new OTP tax rate should be at least 60 of the wholesale price with m inimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoiciesltaxlus state local and httpllwwwacscanorqltobaccopoicy
For m ore on sources and calculations see httpllwwwtobaccofreekidsorglresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer A ction Network Melissa Maitin-Shepard
Explanations amp Notes Health care costs l isted at the top of the page are from the US Centers for Disease Control and P revention
Projections are based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the h igher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggl ing and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion http 1tobaccofreekids orgresearchfactsheetspdf027 4 pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate increase All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are l imited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also l imited because small tax increases are unl ikely to produce significant public health benefits
Ongoing red uctions in state smoking rates will over time gradually erode state cigarette tax revenues (in the absence of any new rate i ncreases) But those declines are more predictable and less volatile than many other state revenue sources such as state i ncome tax or corporate tax revenues (which can drop sharply during recessions) I n addition the smoking declines that reduce tobacco tax revenues will sim ultaneously produce m uch larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdfl0357 pdf
For more on sources and calculations see httpllwww tobaccofreekidsorqlresearchlfactsheetspdf0281 pdf
Needed State Efforts to Protect State Tobacco Tax Revenues Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qualifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on al l tobacco products to block tax evasion and promote tax equity No
H ig h-tech tax stamps to stop counterfeiting and other smuggl ing and tax evasion No
Retailers lose l icense if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
Testimony of Bill Shalhoob
Greater North Dakota Chamber of Commerce HB 1 3 87
January 29 20 1 3
Greater North Dakota Chamber
Mr Chairman and members of the committee My name is Bill Shalhoob and I am here today representing the Greater North Dakota Chamber of Commerce the champions for business in North Dakota GNDC is working to build the strongest business environment possible through its more than 1 1 00 business members as well as partnerships and coalitions with local chambers of commerce from across the state GNDC also represents the National Association of
Manufacturers and works closely with the US Chamber of Commerce As a group we stand in opposition to HB 1d urge a do not pass from your committee on the bill
nn GNDC has a long history of opposing excise taxes which we believe are onerous and unfair
We have a difficult time understanding this bill and the tax increase from 1 7 mills to 45 mills a
1 65 raise according to our math proposed in it North Dakota certainly does not need the
additional revenue that might come from this tax increase Our focus in this session is on tax decreases not increases If we are trying to do social engineering that is to discourage the practice the tax code is a poor place to do it If the goal is to eliminate smoking introduce a bil l prohibiting the sale or use of tobacco products in the state As witnessed by our experience with Minnesota increasing their cigarette tax with a health fee all we do is drive sales to a lower priced location by passing this bil l We see no acceptable reason to enact this tax
Thank you for the opportunity to appear before you today in opposition to HB 1 3 87 I would be happy to answer any questions
Champions Business
PO Box 2639 P 701middot222-0929 Bismarck NO 58502 F 701-222-1611
wwwndcharnbercorn
w - -I --------
North Dakota Retai l Association NO Petroleum Marketers Association
North Dakota Propane Gas Association
---- LEG S LAT VE BU LLET N Testimony- HB 1387
January 29 2013- House Finance and Tax Committee
Chairman Belter and Members of the House Finance and Tax Committee
We know any type of tax tends to put the squeeze on consumer spending potentially strain
household budgets and curb retail sales Which is exactly why the North Dakota Petroleum
Marketers Association and its 400 members from across the state are asking you to vote
NO on HB 1387
Passage of HB 1387 will burden North Dakotas lower Income Earners Cigarette
excise taxes are regressive in nature B ased on data from the Center for
Disease Control roughly 30 of adults in North Dakota who earn less than
$ 15000 are smokers whereas only 160 of adults who earn $50000 or
more are smokers Raising taxes will further unfairly burden low-income
earners
Passage of HB 1387 will harm the retail sector as well
Increasing the excise tax could hurt legitimate retailers when
adult smokers shift purchases to other outlets such as the internet This
would negatively affect North Dakota s 1 300 retailers
Even more pressing is the fear Passage of HB 1387 could increase illegal cigarette trafficking
An excise tax increase could provide incentives for smuggling and other
contraband activities resulting in lost revenues According to the Bureau of
1 02 5 North 3rd Street bull PO Box 1 9 5 6 bull Bismarck NO 58502 bull 701 -223-3370 bull Fax 7 0 1 -223-5004 Web Address ndretailorg bull ndpetroleumorg bull ndpropaneorg
Alcohol Tobacco Firearms and Explosives cigarette smuggling has
turned into a lucrative business for criminals who trade cigarettes and other
tobacco products on the black market Nationally its estimated $5 billion in
tax revenue annually is lost on the black market
For all of these reasons NDPMA is asking for a NO vote on HB 1387
Thank you for your time and consideration
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use
(J amp bull Centers for Disease Control and Prevention ImiddotJj lldraquoA COC 247 Soving Lives Protecting Peopler-
Tobacco Control State Highlights 2012
Abstract
bull Highlights 2012 Abstract bull Highlights 2012 Cby section)
(tobaccodata statisticsstate datastate highlights2012sectionsindexhtm)
bull Highlights 2012 Buttons (tobaccobuttonsstate highlightsindexhtm)
bull Highlights 2012 Download
Page 1 of3 (
(tobaccodata statisticsstate datastate highlights2012zip fileshighlightszip) (Zip-163 MB)
bull Highlights 2012 Factsheet (tobaccodata statisticsstate datastate highlights2012pdfsfactsheetpdf) (PDF-so KB)
bull STATE System Interactive Maps (tobaccodata statisticsstate datastate highlights2012statesystemindexhtm)
Tobacco Control State Highlights 2012
Tobacco use is the single most preventable cause of death in the United States Each year in
the United States cigarette smoking and exposure to secondhand smoke causes 443000-or 1
in 5 deaths Economic losses are also staggering Smoking-caused diseases result in $96 billion
in health care costs annually
httnmiddotumm lrll anvtnhccnrlata statisticsstate datastate highlights2012indexhtm 1282013
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use Page 2 of3 V-
Some states have significantly improved the health of their citizens by reducing smoking rates
thereby decreasing smoking-related diseases deaths and health care costs Even in
economically challenging times states can make a significant difference in public health by
employing high-impact cost-effective tobacco control and prevention strategies as laid out in
the World Health Organizations MPOWER strategic package of interventions proven to
reduce tobacco use prevalence including
bull Monitor tobacco use and prevention policies bull Protect people from tobacco smoke bull Offer help to quit tobacco use bull Warn people about the dangers of tobacco bull Enforce bans on tobacco advertising promotion and sponsorship bull Raise state cigarette taxes on tobacco
Tobacco Control State Highlights 2012 guides states in developing and implementing highshy
impact strategies and assessing their performance This report also provides state-specific data
intended to-
1 Highlight how some states are making great strides in reducing smoking rates using evidence-based strategies while also showing that more work needs to be done in other states
2 Enable readers to see how their own states perform 3 Help policymakers with decision making
Post and share 2012 Tobacco Control State Highlights Buttons (tobaccobuttonsstate highlightsjindexhtm)
Interested in posting this syndicated content on your Web site
See the 1ist of Smoking and Tobacco Use syndicated pages Chttptoolscdcgovsyndicationpagesaspx
mediaCo11ectionld=s) find the page and select the Add to List link next to it
Related Archived Link I
bull Tobacco Control State Highlights 2010 (tobaccodata statisticsstate datastate highlights2010indexhtm) - --
htt I lnrnrm rJ anvtnhJrroclata statisticsstate datastate highlights20 12indexhtm 1282013
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use Page3 of3
Persons with disabilities who experience problems accessing the 2012 Tobacco Control
State Highlights should contact tobaccoinfocdcgov (mailtotobaccoinfocdcgov) or call1
-Soo-CDC-INFO (1-800-232-4636)
Page last reviewed January 24 2013 Page last updated January 24 2013 Content source Office on Smoking and Health National Center for Chronic Disease Prevention and Health Promotion
Centers for Disease Control and Prevention 1600 Clifton Rd Atlanta GA 30333 USA 8oo-CDC-INFO (800-232-4636) TTY (888) 232-6348- Contact CDC-INFO
11ttnwwwcdc 1mvtobaccodata statisticsstate datastate_ highlights2012indexhtm 12820 13
NORTH DAKOTA
Monitor
Adult Current CigaretteSmokeless Tobacco Use
In North Dakota the percentage of adults (ages 18+)
who currently smoke cigarettes was 219 in 2011
Across all states and DC the prevalence of cigarette smoking among adults ranged from 118 to 290
North Dakota ranked 30 among the states
The percentage of adults who currently use smoke-less tobacco was 76 in 2011 Across all states and DC the prevalence ranged from 14 to 98 North Dakota ranked 49 among the states
Current Cigarette and Smokeless Tobacco Use among Adults by Demographic Characteristics
National (median)
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
Less than high school degree
High school degree
More than high school degree
18-24 years old
25-44 years old
45-64 years old
65+ years old
bull Cigarettes
0 10 20
bullbullbull Sample size lt50
ml Smokeless Tobacco
30 40 Percent
50 60 70 80
Source Behavioral Risk Factor Surveillance System 2011
300
NORTH DAKOTA Youth Current CigaretteSmokeless TobaccoCigar Use
In North Dakota the percentage of youth in grades 9-12
who currently smoke cigarettes was 194 in 20 11 The range across 44 states was 59 to 241 North Dakota ranked 34h among 44 states
The percentage of youth who currently use smokeless tobacco was 136 in 2011 The range across 40 states was 35 to 169 North Dakota ranked 36h among 40 states
The percentage of youth who currently smoke cigars was 135 in 201 1 The range across 37 states was 50 to 183 North Dakota ranked 17h among 37 states
The percentage of youth who currently use tobacco (ie cigarettes smokeless tobacco andor cigars) was 283 in 2011 The range across 36 states was 78 to 319 North Dakota ranked 30h among 36 states
Tobacco Use among High School Students by Demographic Characteristics
bull Cigarettes
National
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
9th grade
1Oth grade
11th grade
12th grade
IE Smokeless Tobacco bull Cigars
0 10 20 30 Percent
Cigarettes smokeless tobacco andor cigars Sample size lt100
301
liil Tobacco
40 50 60 70
Source Youth Risk Behavior Survey 2011
NORTH DAKOTA Past-Year Cigarette Initiation
In 2008-2009 of all North Dakota youth ages 12-17
who had never smoked 66 smoked a cigarette for the first time in the past year This ranked 37 in the nation with a range of 33-92 among the states
Of all young adults ages 18-25 who had never smoked 147 smoked a cigarette for the first time in 2008-
2009 This ranked 51 in the nation with a range of 42-147 among the states
Past-Year Cigarette Initiates among Persons Aged 12-25 by Age of First Use 2002-2009
ltfJ c Ql v Ql c
25
20
15
10
5
0
__ Total Initiates -11- Initiates aged 12-17 --+-- Initiates aged 1 8-25
2002-2003 2004-2005 2006-2007 2008-2009
Year Source National Survey on Drug Use and Health 2002-2009
302
NORTH DAKOTA
Protect
Adult Exposure to Secondhand Smoke
Among all adults the percentage who reported being exposed to secondhand smoke within the past 7 days was lower in North Dakota than
Exposure to Secondhand Smoke
in the nation overall In 2009-2010 overall exposure to secondhand smoke in North Dakota was 450 ranking 1 8 among the states
I I I I Overall Workplaces i Homes 1 Vehicles Public Places I I
450
Adults were exposed to secondhand smoke in various locations The table shows the percentage of North Dakota adults who reported any exposure as well as exposure in their home in a vehicle or in indoor or outdoor areas at work or public places in the past 7 days
c Ql
100
Secondhand Smoke Exposure and Opinions about Smoking
in the Workplace bull National bull North Dakota
80
60 Ql a
Adults Reporting Being
Exposed to Secondhand
Smoke (overall)
Adults Who Think
Smoking Should Never be
Allowed in the Workplace
Source National Adult Tobacco Survey 2009-2010
Opinions about Smoking in the Workplace
In 2009-2010 778 of adults in North Dakota thought that smoking should never be allowed in indoor workplaces ranking 30 among the states
303
180 81 150 324 Source National Adult Tobacco Survey 2009-201 0
Smoke-Free Home Rules
In 2009-2010 836 of adults in North Dakota reported that their homes had smoke-free home rules ranking 18 among the states The percentage of homes without smoke-free home rules with children living in them was 284 ranking 11 among the states
Smoke-Free Home Rules and Homes without Rules that have Children
c Ql v Ql a
100
bull National
SmokemiddotFree Home
Rules
bull North Dakota
Homes without Rules
that have Children
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA State Smoke-Free Policy
As ofJune 30 2012 North Dakota had a smokeshyfree law that prohibits smoking in indoor areas of workplaces but not restaurants or bars The state allowed communities to enact local smoke-free laws
Note See Appendix B for updated legislation rhar rakes effect afrer June 30 2012
Offer
Adults Who Made a Quit Attempt in the Last Year
During 2009-2010 552 of North Dakota adult smokers made a quit attempt in the past year ranking 22d among the states
National
Percentage of Smokers Attempting to Quit
WORSE
In North Dakota
552 of adults made a quit attempt
ranking 22d
Source National Adult Tobacco Survey 2009-2010
Quitline Utilization
In 2010 the North Dakota quidine received 7478
calls and 1 342 tobacco users (an estimated 12 of all tobacco users in the state) received telephone counseling cessation medications or both from the state qui dine
Smoke-Free Legislation
I I Local Laws Workplaces Restaurants l Bars Permitted
Yes
I I
No No Yes Designated Smoking Areas t Ventilated Smoking Areas
bull Allowed for nonshyhospitality workplaces
1 Prohibited ror nonshyhospitJiity workplaces
t No Restrictions Allowed smoking in venues that prohibit minors
Note Not all footnotes may be used Source STATE System June 2012
304
Medicaid Coverage for Counseling and Medications
In 2010 North Dakotas Medicaid program provided incomplete coverage through Medicaid for tobaccoshydependence treatment North Dakota provided full coverage for some nicotine replacement therapies full coverage for varenicline full coverage for bupropion and no coverage for counseling (individual or group)
Medicaid Coverage for Counseling and Medications
Comprehensive Coverage
No
I Counseling NRT
Ms (On
1e or 1 Varenicline Jl Bupropion (Individual
ore andor Group)
Yes Yes Yes No
Pregnant women only t Fee-for-service only
Available only via the quitline
Note Not all footnotes may be used Source Halpinet a 2011
NORTH DAKOTA
Warn
Tobacco Counter-Marketing Media Intensity
CDC Best Practices recommendations translate into an average quarterly exposure of 1200 general audience gross raring points (GRPs) and 800 youth target raring points (TRPs) in effective anti-tobacco media campaigns North Dakota had an average of 10356 general audience GRPs and 1436 youth TRPs per quarter in television advertising supporting tobacco control messages in 2010
Anti-Tobacco Media Campaign Intensity G RPs Per Quarter
National
Median
2427 GRPs
General Audience
WORSE
North Dakota
Average 10356
GRPs (101h)
Source CDCOSH
Anti-Tobacco Media Campaign Intensity T RPs Per Quarter
National
Median
3 97TRPs
Youth (12-17Years)
WORSE
North
Dakota Average 1436 TRPs (13h)
Source CDCOSH
305
Knowledge of the Dangers of Tobacco
In North Dakota 657 of adults thought that breathing smoke from other peoples cigarettes or other tobacco products is very harmful to ones health in 2009-2010 Additionally 832 thought that cigarette smoking is very addictive
Secondhand Smoke
National
Average
656
WORSE
In North Dakota 657 of adults thought
__ secondhand smoke is very harmful The range
across all states was 721 to 559 North
Dakota ranked 17h
among the states
Source National Adult Tobacco Survey 2009-2010
Addictiveness of Smoking
National
Average
854
WORSE
In North Dakota 832 of adults thought that
smoking is very addictive The range across all states was
905 to 806 North __ Dakota ranked 45h among the states
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA
Enforce
State Allows Local Advertising and Promotion Laws State Allows Local Laws
As ofJune 30 2012 North Dakota allowed local regulation of tobacco industry promotions tobacco product sampling and display of tobacco products in commercial establishments
Promotion t Sampling I Display
Yes Yes Yes Source STATE System June 2012
Over-the-Counter Retail Licensure
As of June 30 2012 North Dakota required all establishments selling cigarettes and smokeless tobacco products over-the-counter to be licensed Nationally 37
states required over-the-counter licensure for cigarettes 29 of which also have a requirement for smokeless tobacco with various renewal frequencies fees and penalties for violations
Over-the-Counter Licensure and Penalties
Over-the- Minimum I Renewal I Penalty to Licensure Counter License License Fee Required I Business Includes _ Rqired _ _ (amp Frequelcy) _ Sruo_kes Toacc
$1500
Yes Yes
bull Annually Note Not all footnotes may be used bull Class A Misdemeanor Fine or Imprisonment or both Source STATE System June 2012
306
NORTH DAKOTA
Raise
Amount of Tobacco Product Excise Tax
As of June 302012 the excise tax on cigarettes in North Dakora was $044 per pack ranking 46h among the states The tax on cigars was 28 of the wholesale purchase price per cigar and for little cigars the tax was 28 of the wholesale purchase price per pack of 20 The tax on chewing tobacco was $0 I 6 per ounce with snuff taxed at $060 per ounce
Amount of Cigarette Excise Tax
National
Median
$1339
WORSE
As of June 30 2012
North Dakota had a
$044 cigarette excise tax-ranking 461h
among the states The range across states was
$435 to $017 per pack
Source STATE System June 2012
307
Price Paid for Last Cigarettes Purchased
In North Dakota 656 of adult smokers bought their last cigarettes by the pack and 344 bought them by the carton in 2009-2010 The average price that North Dakota smokers reported paying for their last pack of cigarettes was $433 in 2009-201 0 the range among states was $798 to $404 The average price that North Dakota smokers reponed paying for their last carton of cigarettes was $3561 in 2009-2010 the range among 45
states with valid data was $6445 to $3046
CAMPAIGN ov ToBACco-fREE
Kirk-middot
bull
ancer Action jii
N EW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVI NGS FROM A $100 CIGARETTE TAX I N C REASE I N NORTH DAKOTA
Cu rrent state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $1 048 per pack
Annual health care expenditu res in North Dakota directly caused by tobacco use $247 m illion S mokin g-caused state Med icaid program spending each year $47 mi l l ion
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $325 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase Percent decrease in youth smoking 154
-- -- -------------------------------------
Kids in North Dakota kept from becoming addicted adult smokers 6300 ------------------ --------------------------------------------------------------------------------
Current adult smokers in the state who would quit 5200 -----------------------------------------------------------------
Smoking-affected births avoided over next five years 900 -- -- --------
North Dakota residents saved from premature smoking-caused death 3400 ----middot-------------------- ------------------------------------------- middot --
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000 ------------ -----------------------------------
5- Year health care cost savings from fewer smoking-affected pregnancies amp births $213 mil l ion f-------------------------------------------------------------------------------------------------------------------------5- Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 mil l ion r------------------------------------------------------------------------------------------------------5- Year Medicaid program savings for the state $240000 ------------------------------------------------------------------------------------------------------- -----------
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 mil l ion 122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly diminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new reven ues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider all aspects of state tax pol icy related to OTPs (incl uding the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category linked to the state cigarette tax rate on a per-package or pe r-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoliciesltaxlus state local and httpwwwacscanorqltobaccopolicv
For more on sources and calculations see httpllwwwtobaccofreekidsorgresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Explanations amp Notes
Health care costs l isted at the top of the page are from the US Centers for Disease Control and Prevention
Projections a re based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the higher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggling and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion httptobaccofreekidsorgresearchfactsh eetspdf0274pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate i ncrease All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are limited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also limited because small tax i ncreases are unl ikely to produce significant public health benefits
Ongoing reductions in state smoking rates wil l over time gradually erode state cigarette tax revenues (in the absence of any new rate increases) But those declines are more predictable and less volatile than many other state revenue sources such as state income tax or corporate tax revenues (which can drop sharply during recessions) In addition the smoking declines that reduce tobacco tax revenues will simultaneously produce much larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdf0357pdf
For more on sources and calculations see httplwww tobaccofreekidsorqresearchlfactsheetslpdf028 1pdf
Needed State Efforts to P rotect State Tobacco Tax Revenues
Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qual ifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on all tobacco products to block tax evasion and promote tax equity No
High-tech tax stamps to stop counterfeiting and other smuggling and tax evasion No
Retailers lose license if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
North Dakota Tobacco Prevention and Control Executive Comm ittee
Center for Tobacco Prevention and Control Policy 4023 State Street Suite 65 bull Bismarck N D 58503-0638
Phone 70 1 328 5 1 30 middot Fax 701 328 5 1 35 middot Tol l Free 1 877277 5090
Testimony House Bil l 1 387
1 0 00 am Jan uary 29 20 1 3 House F inance and Taxation Comm ittee
Good morning Chairman Belter and members of the House Finance and Tax Committee I am Jeanne Prom executive director of the N D Center for Tobacco Prevention and Control Policy
I ncreasing the tobacco tax sig nificantly wil l lead to a decrease in tobacco use in our state Tobacco use is the leading cause of preventable disease and death and the tol l of tobacco u se in North Dakota is hig h
bull An n ual health care costs in North Dakota directly caused by smoking $247 mil l ion bull Portion paid by the state Medicaid prog ram annually $47 mil l ion bull N u mber of North Dakota adu lts who will die from smoking this year 800 bull High school students who smoke 7 400 (1 94) bull Male hig h school students who use smokeless or spit tobacco 22 2 bull Kids u nder 1 8 who become new daily smokers each year 600
The North Dakota Tobacco Prevention and Control Advisory Committee in its plan Saving Lives - Saving Money North Dakota s Comprehensive State Plan to Prevent and Control Tobacco Use cal ls for a sig nificant increase in al l tobacco taxes - to $2pack - to keep kids from starting and prompt users to quit As you can see on the attachments North Dakotas tobacco tax is one of the lowest in the country at 44 centspack This tax hasnt been increased since 1 993 The low tax resu lts in inexpensive tobacco that is affordable to youth and populations with l imited incomes and high smoking rates High tobacco taxes work most effectively to cut use among lower-income smokers and young male smokeless tobacco users - two g roups that suffer disproportionately from the harms of tobacco use
Tobacco use and its health hazards are completely preventable Raising the tobacco tax to $2pack with a comparable tax amou nt on other tobacco products can be expected to
bull Decrease youth smoking by 24 bull Reduce the number of kids from becoming addicted adult smokers by 9 900 bull Reduce the n umber of adults in the state who smoke by 8 200 bull Save the state mil l ions of dol lars in smoking-related health care costs over j ust 5 years
Please consider H B 1 387 with amendments to i ncrease the tobacco tax to $2pack with a comparable tax increase on al l other tobacco products
Thank you for your time and consideration I am happy to respond to any questions
The To bacco i n N o rth Da kota Updated Dec 5 2012
The Tol l of Tobacco in North Dakota
High school students who 1 94 (7400)
smoke middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot
Male high school stuents who 222
S SrlkS r Pt
t
Kids (under 1 8) who become 600
-middot- -IY S- X
Kids exposed to secondhand 42000
smoke at home Packs of cigarettes bought or
1 9 m il l ion lt9 Y i
------ Xr
Adu lts in North Dakota who smoke
21 9 ( 1 1 6 600)
Due to changes in CDCs methodology the 20 1 1 adult smoking rate cannot be
compared to adult smoking data from previous years
US National Data (201 1 )
i- -ltl flin
rt
Male h igh school students who 1 28
use smokeless tobacco
- n9 1 g(
Deaths i n North Da kota from Sm oking
Adults who die each year from th
k 800
e1r own smo mg
Kids now under 1 8 and alive in North Dakota who will ultimately 1 1 000 die prematurely from smoking
Smoking kil ls more people than alcohol AIDS car crashes i l legal drugs murders and suiCides combined - and thousands more die from other tobacco-related
causes - such as fires caused by smoking (more than 1 000 deathsyear nationwidr d smokeless tobacco use
Sm oking-Caused Monetary Costs in North Dakota
Annual health care costs in North Dakota directly caused by$247 m i ll ion
ltn
Portion covered by the state $47 m il l ion
-ii P9--
Residents state amp federal tax burden from srnoking-caused $574 per house hold
V-nt Pn i_
t
r
Smoking-caused productivity $ 1 92 m i l l ion
losses in North Dakota
Amounts do not include health costs caused by exposure to secondhand smoke smoking-caused fires smokeless tobacco use or cigar and pipe smoking Tobacco vse also imposes additional costs such as workplace productivity losses and damage to property
Tobacco Industry I nflue nce in North Dakota
Annual tobacco industry marketing expenditures nationwide
$85 bil l ion
Estimated portion spent for North Dakota marketing each $257 m il l ion
year
Published research studies have found that kids are twice as sensitive to tobacco advertising than adults and are more l ikely to be influenced to smoke by cigarette marketing than by peer pressure One-third of underage experimentation with smoking is attributable to tobacco company advertising
View sources of information
More detailed fact sheets on tobaccos toll in each state are avai lable by emailing factsheetstobaccofreekids org
CAMPAIGN middot ov
ToBA((o-fRpoundpound K ick
Guam $300 No Marianas Islands $1 75
MAP OF STATE CIGARETTE TAX RATES
Average State Cigarette Tax $1 48 per Pack
Average Cigarette Tax in M ajor Tobacco States 485 cents per Pack
Average Cigarette Tax in N on-Tobacco States $1 61 per Pack
TX $1 41
gt
$320 Puerto Rico $223
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate since 1 999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $ 1 00 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or h igher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages l i sted above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The major tobacco states with extensive tobacco farming and often cigarette manufacturin g are NC KY VA SC TN amp GA Federal cigarette tax is $1 01 per pack Not shown are the special taxes or fee s some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local g overnments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) N ew York City ($1 50) and Anchorage AK ($2206) The U S Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $ 1 047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn
For m o re information on state cigarette taxes and the benefits from increasing them see httpwwwtobaccofreekidsorgfacts issuesfact s h eetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1 400 I Street NW middot Suite 1 200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekid sorg
State Tax
Alabama $0425 Alaska $200 Arizona $200 Arkansas $1 1 5 California $087 Colorado $084 Connecticut $340 Delaware $1 60 DC $250 Florida $1 339 Georgia $037 Hawai i $320 Idaho $057 I l l inois $1 98
Indiana $0995 Iowa $ 1 36 Kansas $079 Kentucky $060
STATE CIGARETTE EXCISE TAX RATES amp RANKINGS
Overal l All States Average $1 48 per pack
Major Tobacco States Average 485 cents per pack Other States Average $1 61 per pack
Rank State Tax Rank State
47th Louisiana $036 49th Oklahoma 1 1 th Maine $200 1 1 th Oregon 1 1 th Maryland $200 1 1 th Pennsylvania 30th Massachusetts $251 9th Rhode Island 33rd Michigan $200 1 1 th South Carolina 34th Minnesota $1 23 28th South Dakota 3rd Mississippi $068 37th Tennessee
2 1 st Missouri $0 1 7 5 1 st Texas 1 0th Montana $1 70 1 7th Utah 26th Nebraska $064 38th Vermont 48th Nevada $080 35th Virginia 4th New Hampshire $ 1 68 1 9th Washington
42nd New Jersey $270 6th West Virgin ia 1 6th New Mexico $1 66 20th Wisconsin
32nd New York $435 1 st Wyoming 25th North Carolina $045 45th Puerto Rico 36th North Dakota $044 46th G uam 40th Ohio $ 1 25 27th Northern Marianas
Tax stamp Includes 75cent health 1mpact fee
Tax Rank
$1 03 3 1 st $1 1 8 29th $1 60 2 1 st $350 2nd $057 42nd $ 1 53 23rd $062 39th $1 41 24th $1 70 1 7th $262 7th $0 30 50th
$3025 5th $055 44th $2 52 8th $060 40th $223 NA $300 NA $1 75 NA
Table shows al l cigarette tax rates in effect now Since 2002 47 states DC and several US territories have increased their cigarette tax rates more than 1 05 times The three states in bold type have not increased their cigarette tax since 1 999 or earlier Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $1 00 per pack or higher 14 states DC and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $4 00 per pack Tobacco states are KY VA NC SC GA and TN States average includes DC but not Puerto Rico other U S territories or local cigarette taxes The median tax rate is $1 34 per pack AK M l MN MS UT also have special taxes or fees on brands of manufacturers not participating in the state tobacco lawsuit settlements (NPMs)
The highest combined state-local tax rate is $585 in New York City with Chicago IL second at $566 per pack Other high state-local rates include Evanston IL at $548 and Anchorage AK at $4206 per pack For more on local cigarette taxes see httptobaccofreekids orgresearchfactsheetspdf0267 pdf
Federal cigarette tax is $1 01 per pack From the beginning of 1 998 through 2002 the m ajor cigarette companies increased the prices they charge by more than $1 25 per pack (but also instituted aggressive retail-level discounting for competitive pu rposes and to reduce related consumption declines) In January 2003 Philip Morris instituted a 65-cent per pack price cut for four of its major brands to replace its retail-level discounting and fight sales losses to discount brands and R J Reynolds followed suit In the last several years the major cigarette companies have increased their product prices by almost $ 1 00 per pack The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs total $1047 per pack sold and consumed in the US The average price for a pack of cigarettes nationwide is roughly $600 (including statewide sales taxes but not local cigarette or sales taxes other than NYCs $1 50 per pack cigarette tax) with considerable state-to-state differences because of d ifferent state tax rates and different manufacturer wholesaler and retailer pricing and discounting practices AK DE MT NH amp OR have no state retai l sales tax at al l OK has a state sales tax but does not apply it to cigarettes MN amp DC apply a per-pack sales tax at the wholesale level and AL GA amp MO (unl ike the rest of the states) do not apply their state sales tax to that portion of retai l cigarette prices that represents the states cigarette excise tax
Campaign for Tobacco-Free Kids December 13 2012 I Ann Boonn
For additional i nformation see the Cam paigns website at httplwwwtobaccofreekidsorgwhat we dostate localtaxes
Sources Orzechowski amp Walker Tax Burden on Tobacco 201 1 media reports state revenue department websites
middot Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change ih the actual excise tax rates just the way that the rates are listed
1 400 I Street NW - Suite 1 200 - Washington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
CAMPAIGN kJI TOigtAltpound0-fRpoundpound
K ick
NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $156 CIGARETTE TAX INCREASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $ 1 048 per pack
Annual health care expend itures in North Dakota directly caused by tobacco use $247 m ill ion Smoking-caused state Med icaid program spending each year $47 m il lion
New Annual Revenue from Increasing the Cigarette Tax Rate by $156 Per Pack $4109 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate I nc rease
Percent decrease in youth smoking 240 Kids in North Dakota kept from becoming addicted adult smokers 9900 Current adult smokers in the state who would quit 800 Smoking-affected births avoided over next five years 1 500 North Dakota residents saved from premature smoking-caused death 5400 5-Year health care cost savings from fewer smoking-caused lung cancer cases $1 26 million
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $333 mill ion
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $233 mill ion
5-Year Medicaid program savings for the state $380000 Long-term health care cost savings in the state from adult amp youth smoking declines $35066 mil l ion
122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years wi l l similarly diminish or el iminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider al l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $2 00 per pack cigarette tax the states new OTP tax rate should be at least 60 of the wholesale price with m inimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoiciesltaxlus state local and httpllwwwacscanorqltobaccopoicy
For m ore on sources and calculations see httpllwwwtobaccofreekidsorglresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer A ction Network Melissa Maitin-Shepard
Explanations amp Notes Health care costs l isted at the top of the page are from the US Centers for Disease Control and P revention
Projections are based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the h igher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggl ing and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion http 1tobaccofreekids orgresearchfactsheetspdf027 4 pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate increase All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are l imited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also l imited because small tax increases are unl ikely to produce significant public health benefits
Ongoing red uctions in state smoking rates will over time gradually erode state cigarette tax revenues (in the absence of any new rate i ncreases) But those declines are more predictable and less volatile than many other state revenue sources such as state i ncome tax or corporate tax revenues (which can drop sharply during recessions) I n addition the smoking declines that reduce tobacco tax revenues will sim ultaneously produce m uch larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdfl0357 pdf
For more on sources and calculations see httpllwww tobaccofreekidsorqlresearchlfactsheetspdf0281 pdf
Needed State Efforts to Protect State Tobacco Tax Revenues Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qualifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on al l tobacco products to block tax evasion and promote tax equity No
H ig h-tech tax stamps to stop counterfeiting and other smuggl ing and tax evasion No
Retailers lose l icense if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
Testimony of Bill Shalhoob
Greater North Dakota Chamber of Commerce HB 1 3 87
January 29 20 1 3
Greater North Dakota Chamber
Mr Chairman and members of the committee My name is Bill Shalhoob and I am here today representing the Greater North Dakota Chamber of Commerce the champions for business in North Dakota GNDC is working to build the strongest business environment possible through its more than 1 1 00 business members as well as partnerships and coalitions with local chambers of commerce from across the state GNDC also represents the National Association of
Manufacturers and works closely with the US Chamber of Commerce As a group we stand in opposition to HB 1d urge a do not pass from your committee on the bill
nn GNDC has a long history of opposing excise taxes which we believe are onerous and unfair
We have a difficult time understanding this bill and the tax increase from 1 7 mills to 45 mills a
1 65 raise according to our math proposed in it North Dakota certainly does not need the
additional revenue that might come from this tax increase Our focus in this session is on tax decreases not increases If we are trying to do social engineering that is to discourage the practice the tax code is a poor place to do it If the goal is to eliminate smoking introduce a bil l prohibiting the sale or use of tobacco products in the state As witnessed by our experience with Minnesota increasing their cigarette tax with a health fee all we do is drive sales to a lower priced location by passing this bil l We see no acceptable reason to enact this tax
Thank you for the opportunity to appear before you today in opposition to HB 1 3 87 I would be happy to answer any questions
Champions Business
PO Box 2639 P 701middot222-0929 Bismarck NO 58502 F 701-222-1611
wwwndcharnbercorn
w - -I --------
North Dakota Retai l Association NO Petroleum Marketers Association
North Dakota Propane Gas Association
---- LEG S LAT VE BU LLET N Testimony- HB 1387
January 29 2013- House Finance and Tax Committee
Chairman Belter and Members of the House Finance and Tax Committee
We know any type of tax tends to put the squeeze on consumer spending potentially strain
household budgets and curb retail sales Which is exactly why the North Dakota Petroleum
Marketers Association and its 400 members from across the state are asking you to vote
NO on HB 1387
Passage of HB 1387 will burden North Dakotas lower Income Earners Cigarette
excise taxes are regressive in nature B ased on data from the Center for
Disease Control roughly 30 of adults in North Dakota who earn less than
$ 15000 are smokers whereas only 160 of adults who earn $50000 or
more are smokers Raising taxes will further unfairly burden low-income
earners
Passage of HB 1387 will harm the retail sector as well
Increasing the excise tax could hurt legitimate retailers when
adult smokers shift purchases to other outlets such as the internet This
would negatively affect North Dakota s 1 300 retailers
Even more pressing is the fear Passage of HB 1387 could increase illegal cigarette trafficking
An excise tax increase could provide incentives for smuggling and other
contraband activities resulting in lost revenues According to the Bureau of
1 02 5 North 3rd Street bull PO Box 1 9 5 6 bull Bismarck NO 58502 bull 701 -223-3370 bull Fax 7 0 1 -223-5004 Web Address ndretailorg bull ndpetroleumorg bull ndpropaneorg
Alcohol Tobacco Firearms and Explosives cigarette smuggling has
turned into a lucrative business for criminals who trade cigarettes and other
tobacco products on the black market Nationally its estimated $5 billion in
tax revenue annually is lost on the black market
For all of these reasons NDPMA is asking for a NO vote on HB 1387
Thank you for your time and consideration
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use Page 2 of3 V-
Some states have significantly improved the health of their citizens by reducing smoking rates
thereby decreasing smoking-related diseases deaths and health care costs Even in
economically challenging times states can make a significant difference in public health by
employing high-impact cost-effective tobacco control and prevention strategies as laid out in
the World Health Organizations MPOWER strategic package of interventions proven to
reduce tobacco use prevalence including
bull Monitor tobacco use and prevention policies bull Protect people from tobacco smoke bull Offer help to quit tobacco use bull Warn people about the dangers of tobacco bull Enforce bans on tobacco advertising promotion and sponsorship bull Raise state cigarette taxes on tobacco
Tobacco Control State Highlights 2012 guides states in developing and implementing highshy
impact strategies and assessing their performance This report also provides state-specific data
intended to-
1 Highlight how some states are making great strides in reducing smoking rates using evidence-based strategies while also showing that more work needs to be done in other states
2 Enable readers to see how their own states perform 3 Help policymakers with decision making
Post and share 2012 Tobacco Control State Highlights Buttons (tobaccobuttonsstate highlightsjindexhtm)
Interested in posting this syndicated content on your Web site
See the 1ist of Smoking and Tobacco Use syndicated pages Chttptoolscdcgovsyndicationpagesaspx
mediaCo11ectionld=s) find the page and select the Add to List link next to it
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bull Tobacco Control State Highlights 2010 (tobaccodata statisticsstate datastate highlights2010indexhtm) - --
htt I lnrnrm rJ anvtnhJrroclata statisticsstate datastate highlights20 12indexhtm 1282013
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use Page3 of3
Persons with disabilities who experience problems accessing the 2012 Tobacco Control
State Highlights should contact tobaccoinfocdcgov (mailtotobaccoinfocdcgov) or call1
-Soo-CDC-INFO (1-800-232-4636)
Page last reviewed January 24 2013 Page last updated January 24 2013 Content source Office on Smoking and Health National Center for Chronic Disease Prevention and Health Promotion
Centers for Disease Control and Prevention 1600 Clifton Rd Atlanta GA 30333 USA 8oo-CDC-INFO (800-232-4636) TTY (888) 232-6348- Contact CDC-INFO
11ttnwwwcdc 1mvtobaccodata statisticsstate datastate_ highlights2012indexhtm 12820 13
NORTH DAKOTA
Monitor
Adult Current CigaretteSmokeless Tobacco Use
In North Dakota the percentage of adults (ages 18+)
who currently smoke cigarettes was 219 in 2011
Across all states and DC the prevalence of cigarette smoking among adults ranged from 118 to 290
North Dakota ranked 30 among the states
The percentage of adults who currently use smoke-less tobacco was 76 in 2011 Across all states and DC the prevalence ranged from 14 to 98 North Dakota ranked 49 among the states
Current Cigarette and Smokeless Tobacco Use among Adults by Demographic Characteristics
National (median)
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
Less than high school degree
High school degree
More than high school degree
18-24 years old
25-44 years old
45-64 years old
65+ years old
bull Cigarettes
0 10 20
bullbullbull Sample size lt50
ml Smokeless Tobacco
30 40 Percent
50 60 70 80
Source Behavioral Risk Factor Surveillance System 2011
300
NORTH DAKOTA Youth Current CigaretteSmokeless TobaccoCigar Use
In North Dakota the percentage of youth in grades 9-12
who currently smoke cigarettes was 194 in 20 11 The range across 44 states was 59 to 241 North Dakota ranked 34h among 44 states
The percentage of youth who currently use smokeless tobacco was 136 in 2011 The range across 40 states was 35 to 169 North Dakota ranked 36h among 40 states
The percentage of youth who currently smoke cigars was 135 in 201 1 The range across 37 states was 50 to 183 North Dakota ranked 17h among 37 states
The percentage of youth who currently use tobacco (ie cigarettes smokeless tobacco andor cigars) was 283 in 2011 The range across 36 states was 78 to 319 North Dakota ranked 30h among 36 states
Tobacco Use among High School Students by Demographic Characteristics
bull Cigarettes
National
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
9th grade
1Oth grade
11th grade
12th grade
IE Smokeless Tobacco bull Cigars
0 10 20 30 Percent
Cigarettes smokeless tobacco andor cigars Sample size lt100
301
liil Tobacco
40 50 60 70
Source Youth Risk Behavior Survey 2011
NORTH DAKOTA Past-Year Cigarette Initiation
In 2008-2009 of all North Dakota youth ages 12-17
who had never smoked 66 smoked a cigarette for the first time in the past year This ranked 37 in the nation with a range of 33-92 among the states
Of all young adults ages 18-25 who had never smoked 147 smoked a cigarette for the first time in 2008-
2009 This ranked 51 in the nation with a range of 42-147 among the states
Past-Year Cigarette Initiates among Persons Aged 12-25 by Age of First Use 2002-2009
ltfJ c Ql v Ql c
25
20
15
10
5
0
__ Total Initiates -11- Initiates aged 12-17 --+-- Initiates aged 1 8-25
2002-2003 2004-2005 2006-2007 2008-2009
Year Source National Survey on Drug Use and Health 2002-2009
302
NORTH DAKOTA
Protect
Adult Exposure to Secondhand Smoke
Among all adults the percentage who reported being exposed to secondhand smoke within the past 7 days was lower in North Dakota than
Exposure to Secondhand Smoke
in the nation overall In 2009-2010 overall exposure to secondhand smoke in North Dakota was 450 ranking 1 8 among the states
I I I I Overall Workplaces i Homes 1 Vehicles Public Places I I
450
Adults were exposed to secondhand smoke in various locations The table shows the percentage of North Dakota adults who reported any exposure as well as exposure in their home in a vehicle or in indoor or outdoor areas at work or public places in the past 7 days
c Ql
100
Secondhand Smoke Exposure and Opinions about Smoking
in the Workplace bull National bull North Dakota
80
60 Ql a
Adults Reporting Being
Exposed to Secondhand
Smoke (overall)
Adults Who Think
Smoking Should Never be
Allowed in the Workplace
Source National Adult Tobacco Survey 2009-2010
Opinions about Smoking in the Workplace
In 2009-2010 778 of adults in North Dakota thought that smoking should never be allowed in indoor workplaces ranking 30 among the states
303
180 81 150 324 Source National Adult Tobacco Survey 2009-201 0
Smoke-Free Home Rules
In 2009-2010 836 of adults in North Dakota reported that their homes had smoke-free home rules ranking 18 among the states The percentage of homes without smoke-free home rules with children living in them was 284 ranking 11 among the states
Smoke-Free Home Rules and Homes without Rules that have Children
c Ql v Ql a
100
bull National
SmokemiddotFree Home
Rules
bull North Dakota
Homes without Rules
that have Children
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA State Smoke-Free Policy
As ofJune 30 2012 North Dakota had a smokeshyfree law that prohibits smoking in indoor areas of workplaces but not restaurants or bars The state allowed communities to enact local smoke-free laws
Note See Appendix B for updated legislation rhar rakes effect afrer June 30 2012
Offer
Adults Who Made a Quit Attempt in the Last Year
During 2009-2010 552 of North Dakota adult smokers made a quit attempt in the past year ranking 22d among the states
National
Percentage of Smokers Attempting to Quit
WORSE
In North Dakota
552 of adults made a quit attempt
ranking 22d
Source National Adult Tobacco Survey 2009-2010
Quitline Utilization
In 2010 the North Dakota quidine received 7478
calls and 1 342 tobacco users (an estimated 12 of all tobacco users in the state) received telephone counseling cessation medications or both from the state qui dine
Smoke-Free Legislation
I I Local Laws Workplaces Restaurants l Bars Permitted
Yes
I I
No No Yes Designated Smoking Areas t Ventilated Smoking Areas
bull Allowed for nonshyhospitality workplaces
1 Prohibited ror nonshyhospitJiity workplaces
t No Restrictions Allowed smoking in venues that prohibit minors
Note Not all footnotes may be used Source STATE System June 2012
304
Medicaid Coverage for Counseling and Medications
In 2010 North Dakotas Medicaid program provided incomplete coverage through Medicaid for tobaccoshydependence treatment North Dakota provided full coverage for some nicotine replacement therapies full coverage for varenicline full coverage for bupropion and no coverage for counseling (individual or group)
Medicaid Coverage for Counseling and Medications
Comprehensive Coverage
No
I Counseling NRT
Ms (On
1e or 1 Varenicline Jl Bupropion (Individual
ore andor Group)
Yes Yes Yes No
Pregnant women only t Fee-for-service only
Available only via the quitline
Note Not all footnotes may be used Source Halpinet a 2011
NORTH DAKOTA
Warn
Tobacco Counter-Marketing Media Intensity
CDC Best Practices recommendations translate into an average quarterly exposure of 1200 general audience gross raring points (GRPs) and 800 youth target raring points (TRPs) in effective anti-tobacco media campaigns North Dakota had an average of 10356 general audience GRPs and 1436 youth TRPs per quarter in television advertising supporting tobacco control messages in 2010
Anti-Tobacco Media Campaign Intensity G RPs Per Quarter
National
Median
2427 GRPs
General Audience
WORSE
North Dakota
Average 10356
GRPs (101h)
Source CDCOSH
Anti-Tobacco Media Campaign Intensity T RPs Per Quarter
National
Median
3 97TRPs
Youth (12-17Years)
WORSE
North
Dakota Average 1436 TRPs (13h)
Source CDCOSH
305
Knowledge of the Dangers of Tobacco
In North Dakota 657 of adults thought that breathing smoke from other peoples cigarettes or other tobacco products is very harmful to ones health in 2009-2010 Additionally 832 thought that cigarette smoking is very addictive
Secondhand Smoke
National
Average
656
WORSE
In North Dakota 657 of adults thought
__ secondhand smoke is very harmful The range
across all states was 721 to 559 North
Dakota ranked 17h
among the states
Source National Adult Tobacco Survey 2009-2010
Addictiveness of Smoking
National
Average
854
WORSE
In North Dakota 832 of adults thought that
smoking is very addictive The range across all states was
905 to 806 North __ Dakota ranked 45h among the states
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA
Enforce
State Allows Local Advertising and Promotion Laws State Allows Local Laws
As ofJune 30 2012 North Dakota allowed local regulation of tobacco industry promotions tobacco product sampling and display of tobacco products in commercial establishments
Promotion t Sampling I Display
Yes Yes Yes Source STATE System June 2012
Over-the-Counter Retail Licensure
As of June 30 2012 North Dakota required all establishments selling cigarettes and smokeless tobacco products over-the-counter to be licensed Nationally 37
states required over-the-counter licensure for cigarettes 29 of which also have a requirement for smokeless tobacco with various renewal frequencies fees and penalties for violations
Over-the-Counter Licensure and Penalties
Over-the- Minimum I Renewal I Penalty to Licensure Counter License License Fee Required I Business Includes _ Rqired _ _ (amp Frequelcy) _ Sruo_kes Toacc
$1500
Yes Yes
bull Annually Note Not all footnotes may be used bull Class A Misdemeanor Fine or Imprisonment or both Source STATE System June 2012
306
NORTH DAKOTA
Raise
Amount of Tobacco Product Excise Tax
As of June 302012 the excise tax on cigarettes in North Dakora was $044 per pack ranking 46h among the states The tax on cigars was 28 of the wholesale purchase price per cigar and for little cigars the tax was 28 of the wholesale purchase price per pack of 20 The tax on chewing tobacco was $0 I 6 per ounce with snuff taxed at $060 per ounce
Amount of Cigarette Excise Tax
National
Median
$1339
WORSE
As of June 30 2012
North Dakota had a
$044 cigarette excise tax-ranking 461h
among the states The range across states was
$435 to $017 per pack
Source STATE System June 2012
307
Price Paid for Last Cigarettes Purchased
In North Dakota 656 of adult smokers bought their last cigarettes by the pack and 344 bought them by the carton in 2009-2010 The average price that North Dakota smokers reported paying for their last pack of cigarettes was $433 in 2009-201 0 the range among states was $798 to $404 The average price that North Dakota smokers reponed paying for their last carton of cigarettes was $3561 in 2009-2010 the range among 45
states with valid data was $6445 to $3046
CAMPAIGN ov ToBACco-fREE
Kirk-middot
bull
ancer Action jii
N EW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVI NGS FROM A $100 CIGARETTE TAX I N C REASE I N NORTH DAKOTA
Cu rrent state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $1 048 per pack
Annual health care expenditu res in North Dakota directly caused by tobacco use $247 m illion S mokin g-caused state Med icaid program spending each year $47 mi l l ion
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $325 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase Percent decrease in youth smoking 154
-- -- -------------------------------------
Kids in North Dakota kept from becoming addicted adult smokers 6300 ------------------ --------------------------------------------------------------------------------
Current adult smokers in the state who would quit 5200 -----------------------------------------------------------------
Smoking-affected births avoided over next five years 900 -- -- --------
North Dakota residents saved from premature smoking-caused death 3400 ----middot-------------------- ------------------------------------------- middot --
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000 ------------ -----------------------------------
5- Year health care cost savings from fewer smoking-affected pregnancies amp births $213 mil l ion f-------------------------------------------------------------------------------------------------------------------------5- Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 mil l ion r------------------------------------------------------------------------------------------------------5- Year Medicaid program savings for the state $240000 ------------------------------------------------------------------------------------------------------- -----------
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 mil l ion 122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly diminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new reven ues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider all aspects of state tax pol icy related to OTPs (incl uding the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category linked to the state cigarette tax rate on a per-package or pe r-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoliciesltaxlus state local and httpwwwacscanorqltobaccopolicv
For more on sources and calculations see httpllwwwtobaccofreekidsorgresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Explanations amp Notes
Health care costs l isted at the top of the page are from the US Centers for Disease Control and Prevention
Projections a re based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the higher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggling and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion httptobaccofreekidsorgresearchfactsh eetspdf0274pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate i ncrease All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are limited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also limited because small tax i ncreases are unl ikely to produce significant public health benefits
Ongoing reductions in state smoking rates wil l over time gradually erode state cigarette tax revenues (in the absence of any new rate increases) But those declines are more predictable and less volatile than many other state revenue sources such as state income tax or corporate tax revenues (which can drop sharply during recessions) In addition the smoking declines that reduce tobacco tax revenues will simultaneously produce much larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdf0357pdf
For more on sources and calculations see httplwww tobaccofreekidsorqresearchlfactsheetslpdf028 1pdf
Needed State Efforts to P rotect State Tobacco Tax Revenues
Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qual ifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on all tobacco products to block tax evasion and promote tax equity No
High-tech tax stamps to stop counterfeiting and other smuggling and tax evasion No
Retailers lose license if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
North Dakota Tobacco Prevention and Control Executive Comm ittee
Center for Tobacco Prevention and Control Policy 4023 State Street Suite 65 bull Bismarck N D 58503-0638
Phone 70 1 328 5 1 30 middot Fax 701 328 5 1 35 middot Tol l Free 1 877277 5090
Testimony House Bil l 1 387
1 0 00 am Jan uary 29 20 1 3 House F inance and Taxation Comm ittee
Good morning Chairman Belter and members of the House Finance and Tax Committee I am Jeanne Prom executive director of the N D Center for Tobacco Prevention and Control Policy
I ncreasing the tobacco tax sig nificantly wil l lead to a decrease in tobacco use in our state Tobacco use is the leading cause of preventable disease and death and the tol l of tobacco u se in North Dakota is hig h
bull An n ual health care costs in North Dakota directly caused by smoking $247 mil l ion bull Portion paid by the state Medicaid prog ram annually $47 mil l ion bull N u mber of North Dakota adu lts who will die from smoking this year 800 bull High school students who smoke 7 400 (1 94) bull Male hig h school students who use smokeless or spit tobacco 22 2 bull Kids u nder 1 8 who become new daily smokers each year 600
The North Dakota Tobacco Prevention and Control Advisory Committee in its plan Saving Lives - Saving Money North Dakota s Comprehensive State Plan to Prevent and Control Tobacco Use cal ls for a sig nificant increase in al l tobacco taxes - to $2pack - to keep kids from starting and prompt users to quit As you can see on the attachments North Dakotas tobacco tax is one of the lowest in the country at 44 centspack This tax hasnt been increased since 1 993 The low tax resu lts in inexpensive tobacco that is affordable to youth and populations with l imited incomes and high smoking rates High tobacco taxes work most effectively to cut use among lower-income smokers and young male smokeless tobacco users - two g roups that suffer disproportionately from the harms of tobacco use
Tobacco use and its health hazards are completely preventable Raising the tobacco tax to $2pack with a comparable tax amou nt on other tobacco products can be expected to
bull Decrease youth smoking by 24 bull Reduce the number of kids from becoming addicted adult smokers by 9 900 bull Reduce the n umber of adults in the state who smoke by 8 200 bull Save the state mil l ions of dol lars in smoking-related health care costs over j ust 5 years
Please consider H B 1 387 with amendments to i ncrease the tobacco tax to $2pack with a comparable tax increase on al l other tobacco products
Thank you for your time and consideration I am happy to respond to any questions
The To bacco i n N o rth Da kota Updated Dec 5 2012
The Tol l of Tobacco in North Dakota
High school students who 1 94 (7400)
smoke middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot
Male high school stuents who 222
S SrlkS r Pt
t
Kids (under 1 8) who become 600
-middot- -IY S- X
Kids exposed to secondhand 42000
smoke at home Packs of cigarettes bought or
1 9 m il l ion lt9 Y i
------ Xr
Adu lts in North Dakota who smoke
21 9 ( 1 1 6 600)
Due to changes in CDCs methodology the 20 1 1 adult smoking rate cannot be
compared to adult smoking data from previous years
US National Data (201 1 )
i- -ltl flin
rt
Male h igh school students who 1 28
use smokeless tobacco
- n9 1 g(
Deaths i n North Da kota from Sm oking
Adults who die each year from th
k 800
e1r own smo mg
Kids now under 1 8 and alive in North Dakota who will ultimately 1 1 000 die prematurely from smoking
Smoking kil ls more people than alcohol AIDS car crashes i l legal drugs murders and suiCides combined - and thousands more die from other tobacco-related
causes - such as fires caused by smoking (more than 1 000 deathsyear nationwidr d smokeless tobacco use
Sm oking-Caused Monetary Costs in North Dakota
Annual health care costs in North Dakota directly caused by$247 m i ll ion
ltn
Portion covered by the state $47 m il l ion
-ii P9--
Residents state amp federal tax burden from srnoking-caused $574 per house hold
V-nt Pn i_
t
r
Smoking-caused productivity $ 1 92 m i l l ion
losses in North Dakota
Amounts do not include health costs caused by exposure to secondhand smoke smoking-caused fires smokeless tobacco use or cigar and pipe smoking Tobacco vse also imposes additional costs such as workplace productivity losses and damage to property
Tobacco Industry I nflue nce in North Dakota
Annual tobacco industry marketing expenditures nationwide
$85 bil l ion
Estimated portion spent for North Dakota marketing each $257 m il l ion
year
Published research studies have found that kids are twice as sensitive to tobacco advertising than adults and are more l ikely to be influenced to smoke by cigarette marketing than by peer pressure One-third of underage experimentation with smoking is attributable to tobacco company advertising
View sources of information
More detailed fact sheets on tobaccos toll in each state are avai lable by emailing factsheetstobaccofreekids org
CAMPAIGN middot ov
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Guam $300 No Marianas Islands $1 75
MAP OF STATE CIGARETTE TAX RATES
Average State Cigarette Tax $1 48 per Pack
Average Cigarette Tax in M ajor Tobacco States 485 cents per Pack
Average Cigarette Tax in N on-Tobacco States $1 61 per Pack
TX $1 41
gt
$320 Puerto Rico $223
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate since 1 999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $ 1 00 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or h igher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages l i sted above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The major tobacco states with extensive tobacco farming and often cigarette manufacturin g are NC KY VA SC TN amp GA Federal cigarette tax is $1 01 per pack Not shown are the special taxes or fee s some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local g overnments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) N ew York City ($1 50) and Anchorage AK ($2206) The U S Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $ 1 047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn
For m o re information on state cigarette taxes and the benefits from increasing them see httpwwwtobaccofreekidsorgfacts issuesfact s h eetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1 400 I Street NW middot Suite 1 200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekid sorg
State Tax
Alabama $0425 Alaska $200 Arizona $200 Arkansas $1 1 5 California $087 Colorado $084 Connecticut $340 Delaware $1 60 DC $250 Florida $1 339 Georgia $037 Hawai i $320 Idaho $057 I l l inois $1 98
Indiana $0995 Iowa $ 1 36 Kansas $079 Kentucky $060
STATE CIGARETTE EXCISE TAX RATES amp RANKINGS
Overal l All States Average $1 48 per pack
Major Tobacco States Average 485 cents per pack Other States Average $1 61 per pack
Rank State Tax Rank State
47th Louisiana $036 49th Oklahoma 1 1 th Maine $200 1 1 th Oregon 1 1 th Maryland $200 1 1 th Pennsylvania 30th Massachusetts $251 9th Rhode Island 33rd Michigan $200 1 1 th South Carolina 34th Minnesota $1 23 28th South Dakota 3rd Mississippi $068 37th Tennessee
2 1 st Missouri $0 1 7 5 1 st Texas 1 0th Montana $1 70 1 7th Utah 26th Nebraska $064 38th Vermont 48th Nevada $080 35th Virginia 4th New Hampshire $ 1 68 1 9th Washington
42nd New Jersey $270 6th West Virgin ia 1 6th New Mexico $1 66 20th Wisconsin
32nd New York $435 1 st Wyoming 25th North Carolina $045 45th Puerto Rico 36th North Dakota $044 46th G uam 40th Ohio $ 1 25 27th Northern Marianas
Tax stamp Includes 75cent health 1mpact fee
Tax Rank
$1 03 3 1 st $1 1 8 29th $1 60 2 1 st $350 2nd $057 42nd $ 1 53 23rd $062 39th $1 41 24th $1 70 1 7th $262 7th $0 30 50th
$3025 5th $055 44th $2 52 8th $060 40th $223 NA $300 NA $1 75 NA
Table shows al l cigarette tax rates in effect now Since 2002 47 states DC and several US territories have increased their cigarette tax rates more than 1 05 times The three states in bold type have not increased their cigarette tax since 1 999 or earlier Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $1 00 per pack or higher 14 states DC and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $4 00 per pack Tobacco states are KY VA NC SC GA and TN States average includes DC but not Puerto Rico other U S territories or local cigarette taxes The median tax rate is $1 34 per pack AK M l MN MS UT also have special taxes or fees on brands of manufacturers not participating in the state tobacco lawsuit settlements (NPMs)
The highest combined state-local tax rate is $585 in New York City with Chicago IL second at $566 per pack Other high state-local rates include Evanston IL at $548 and Anchorage AK at $4206 per pack For more on local cigarette taxes see httptobaccofreekids orgresearchfactsheetspdf0267 pdf
Federal cigarette tax is $1 01 per pack From the beginning of 1 998 through 2002 the m ajor cigarette companies increased the prices they charge by more than $1 25 per pack (but also instituted aggressive retail-level discounting for competitive pu rposes and to reduce related consumption declines) In January 2003 Philip Morris instituted a 65-cent per pack price cut for four of its major brands to replace its retail-level discounting and fight sales losses to discount brands and R J Reynolds followed suit In the last several years the major cigarette companies have increased their product prices by almost $ 1 00 per pack The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs total $1047 per pack sold and consumed in the US The average price for a pack of cigarettes nationwide is roughly $600 (including statewide sales taxes but not local cigarette or sales taxes other than NYCs $1 50 per pack cigarette tax) with considerable state-to-state differences because of d ifferent state tax rates and different manufacturer wholesaler and retailer pricing and discounting practices AK DE MT NH amp OR have no state retai l sales tax at al l OK has a state sales tax but does not apply it to cigarettes MN amp DC apply a per-pack sales tax at the wholesale level and AL GA amp MO (unl ike the rest of the states) do not apply their state sales tax to that portion of retai l cigarette prices that represents the states cigarette excise tax
Campaign for Tobacco-Free Kids December 13 2012 I Ann Boonn
For additional i nformation see the Cam paigns website at httplwwwtobaccofreekidsorgwhat we dostate localtaxes
Sources Orzechowski amp Walker Tax Burden on Tobacco 201 1 media reports state revenue department websites
middot Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change ih the actual excise tax rates just the way that the rates are listed
1 400 I Street NW - Suite 1 200 - Washington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
CAMPAIGN kJI TOigtAltpound0-fRpoundpound
K ick
NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $156 CIGARETTE TAX INCREASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $ 1 048 per pack
Annual health care expend itures in North Dakota directly caused by tobacco use $247 m ill ion Smoking-caused state Med icaid program spending each year $47 m il lion
New Annual Revenue from Increasing the Cigarette Tax Rate by $156 Per Pack $4109 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate I nc rease
Percent decrease in youth smoking 240 Kids in North Dakota kept from becoming addicted adult smokers 9900 Current adult smokers in the state who would quit 800 Smoking-affected births avoided over next five years 1 500 North Dakota residents saved from premature smoking-caused death 5400 5-Year health care cost savings from fewer smoking-caused lung cancer cases $1 26 million
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $333 mill ion
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $233 mill ion
5-Year Medicaid program savings for the state $380000 Long-term health care cost savings in the state from adult amp youth smoking declines $35066 mil l ion
122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years wi l l similarly diminish or el iminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider al l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $2 00 per pack cigarette tax the states new OTP tax rate should be at least 60 of the wholesale price with m inimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoiciesltaxlus state local and httpllwwwacscanorqltobaccopoicy
For m ore on sources and calculations see httpllwwwtobaccofreekidsorglresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer A ction Network Melissa Maitin-Shepard
Explanations amp Notes Health care costs l isted at the top of the page are from the US Centers for Disease Control and P revention
Projections are based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the h igher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggl ing and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion http 1tobaccofreekids orgresearchfactsheetspdf027 4 pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate increase All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are l imited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also l imited because small tax increases are unl ikely to produce significant public health benefits
Ongoing red uctions in state smoking rates will over time gradually erode state cigarette tax revenues (in the absence of any new rate i ncreases) But those declines are more predictable and less volatile than many other state revenue sources such as state i ncome tax or corporate tax revenues (which can drop sharply during recessions) I n addition the smoking declines that reduce tobacco tax revenues will sim ultaneously produce m uch larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdfl0357 pdf
For more on sources and calculations see httpllwww tobaccofreekidsorqlresearchlfactsheetspdf0281 pdf
Needed State Efforts to Protect State Tobacco Tax Revenues Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qualifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on al l tobacco products to block tax evasion and promote tax equity No
H ig h-tech tax stamps to stop counterfeiting and other smuggl ing and tax evasion No
Retailers lose l icense if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
Testimony of Bill Shalhoob
Greater North Dakota Chamber of Commerce HB 1 3 87
January 29 20 1 3
Greater North Dakota Chamber
Mr Chairman and members of the committee My name is Bill Shalhoob and I am here today representing the Greater North Dakota Chamber of Commerce the champions for business in North Dakota GNDC is working to build the strongest business environment possible through its more than 1 1 00 business members as well as partnerships and coalitions with local chambers of commerce from across the state GNDC also represents the National Association of
Manufacturers and works closely with the US Chamber of Commerce As a group we stand in opposition to HB 1d urge a do not pass from your committee on the bill
nn GNDC has a long history of opposing excise taxes which we believe are onerous and unfair
We have a difficult time understanding this bill and the tax increase from 1 7 mills to 45 mills a
1 65 raise according to our math proposed in it North Dakota certainly does not need the
additional revenue that might come from this tax increase Our focus in this session is on tax decreases not increases If we are trying to do social engineering that is to discourage the practice the tax code is a poor place to do it If the goal is to eliminate smoking introduce a bil l prohibiting the sale or use of tobacco products in the state As witnessed by our experience with Minnesota increasing their cigarette tax with a health fee all we do is drive sales to a lower priced location by passing this bil l We see no acceptable reason to enact this tax
Thank you for the opportunity to appear before you today in opposition to HB 1 3 87 I would be happy to answer any questions
Champions Business
PO Box 2639 P 701middot222-0929 Bismarck NO 58502 F 701-222-1611
wwwndcharnbercorn
w - -I --------
North Dakota Retai l Association NO Petroleum Marketers Association
North Dakota Propane Gas Association
---- LEG S LAT VE BU LLET N Testimony- HB 1387
January 29 2013- House Finance and Tax Committee
Chairman Belter and Members of the House Finance and Tax Committee
We know any type of tax tends to put the squeeze on consumer spending potentially strain
household budgets and curb retail sales Which is exactly why the North Dakota Petroleum
Marketers Association and its 400 members from across the state are asking you to vote
NO on HB 1387
Passage of HB 1387 will burden North Dakotas lower Income Earners Cigarette
excise taxes are regressive in nature B ased on data from the Center for
Disease Control roughly 30 of adults in North Dakota who earn less than
$ 15000 are smokers whereas only 160 of adults who earn $50000 or
more are smokers Raising taxes will further unfairly burden low-income
earners
Passage of HB 1387 will harm the retail sector as well
Increasing the excise tax could hurt legitimate retailers when
adult smokers shift purchases to other outlets such as the internet This
would negatively affect North Dakota s 1 300 retailers
Even more pressing is the fear Passage of HB 1387 could increase illegal cigarette trafficking
An excise tax increase could provide incentives for smuggling and other
contraband activities resulting in lost revenues According to the Bureau of
1 02 5 North 3rd Street bull PO Box 1 9 5 6 bull Bismarck NO 58502 bull 701 -223-3370 bull Fax 7 0 1 -223-5004 Web Address ndretailorg bull ndpetroleumorg bull ndpropaneorg
Alcohol Tobacco Firearms and Explosives cigarette smuggling has
turned into a lucrative business for criminals who trade cigarettes and other
tobacco products on the black market Nationally its estimated $5 billion in
tax revenue annually is lost on the black market
For all of these reasons NDPMA is asking for a NO vote on HB 1387
Thank you for your time and consideration
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote
CDC- Tobacco Control State Highlights 2012- Abstract- Smoking amp Tobacco Use Page3 of3
Persons with disabilities who experience problems accessing the 2012 Tobacco Control
State Highlights should contact tobaccoinfocdcgov (mailtotobaccoinfocdcgov) or call1
-Soo-CDC-INFO (1-800-232-4636)
Page last reviewed January 24 2013 Page last updated January 24 2013 Content source Office on Smoking and Health National Center for Chronic Disease Prevention and Health Promotion
Centers for Disease Control and Prevention 1600 Clifton Rd Atlanta GA 30333 USA 8oo-CDC-INFO (800-232-4636) TTY (888) 232-6348- Contact CDC-INFO
11ttnwwwcdc 1mvtobaccodata statisticsstate datastate_ highlights2012indexhtm 12820 13
NORTH DAKOTA
Monitor
Adult Current CigaretteSmokeless Tobacco Use
In North Dakota the percentage of adults (ages 18+)
who currently smoke cigarettes was 219 in 2011
Across all states and DC the prevalence of cigarette smoking among adults ranged from 118 to 290
North Dakota ranked 30 among the states
The percentage of adults who currently use smoke-less tobacco was 76 in 2011 Across all states and DC the prevalence ranged from 14 to 98 North Dakota ranked 49 among the states
Current Cigarette and Smokeless Tobacco Use among Adults by Demographic Characteristics
National (median)
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
Less than high school degree
High school degree
More than high school degree
18-24 years old
25-44 years old
45-64 years old
65+ years old
bull Cigarettes
0 10 20
bullbullbull Sample size lt50
ml Smokeless Tobacco
30 40 Percent
50 60 70 80
Source Behavioral Risk Factor Surveillance System 2011
300
NORTH DAKOTA Youth Current CigaretteSmokeless TobaccoCigar Use
In North Dakota the percentage of youth in grades 9-12
who currently smoke cigarettes was 194 in 20 11 The range across 44 states was 59 to 241 North Dakota ranked 34h among 44 states
The percentage of youth who currently use smokeless tobacco was 136 in 2011 The range across 40 states was 35 to 169 North Dakota ranked 36h among 40 states
The percentage of youth who currently smoke cigars was 135 in 201 1 The range across 37 states was 50 to 183 North Dakota ranked 17h among 37 states
The percentage of youth who currently use tobacco (ie cigarettes smokeless tobacco andor cigars) was 283 in 2011 The range across 36 states was 78 to 319 North Dakota ranked 30h among 36 states
Tobacco Use among High School Students by Demographic Characteristics
bull Cigarettes
National
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
9th grade
1Oth grade
11th grade
12th grade
IE Smokeless Tobacco bull Cigars
0 10 20 30 Percent
Cigarettes smokeless tobacco andor cigars Sample size lt100
301
liil Tobacco
40 50 60 70
Source Youth Risk Behavior Survey 2011
NORTH DAKOTA Past-Year Cigarette Initiation
In 2008-2009 of all North Dakota youth ages 12-17
who had never smoked 66 smoked a cigarette for the first time in the past year This ranked 37 in the nation with a range of 33-92 among the states
Of all young adults ages 18-25 who had never smoked 147 smoked a cigarette for the first time in 2008-
2009 This ranked 51 in the nation with a range of 42-147 among the states
Past-Year Cigarette Initiates among Persons Aged 12-25 by Age of First Use 2002-2009
ltfJ c Ql v Ql c
25
20
15
10
5
0
__ Total Initiates -11- Initiates aged 12-17 --+-- Initiates aged 1 8-25
2002-2003 2004-2005 2006-2007 2008-2009
Year Source National Survey on Drug Use and Health 2002-2009
302
NORTH DAKOTA
Protect
Adult Exposure to Secondhand Smoke
Among all adults the percentage who reported being exposed to secondhand smoke within the past 7 days was lower in North Dakota than
Exposure to Secondhand Smoke
in the nation overall In 2009-2010 overall exposure to secondhand smoke in North Dakota was 450 ranking 1 8 among the states
I I I I Overall Workplaces i Homes 1 Vehicles Public Places I I
450
Adults were exposed to secondhand smoke in various locations The table shows the percentage of North Dakota adults who reported any exposure as well as exposure in their home in a vehicle or in indoor or outdoor areas at work or public places in the past 7 days
c Ql
100
Secondhand Smoke Exposure and Opinions about Smoking
in the Workplace bull National bull North Dakota
80
60 Ql a
Adults Reporting Being
Exposed to Secondhand
Smoke (overall)
Adults Who Think
Smoking Should Never be
Allowed in the Workplace
Source National Adult Tobacco Survey 2009-2010
Opinions about Smoking in the Workplace
In 2009-2010 778 of adults in North Dakota thought that smoking should never be allowed in indoor workplaces ranking 30 among the states
303
180 81 150 324 Source National Adult Tobacco Survey 2009-201 0
Smoke-Free Home Rules
In 2009-2010 836 of adults in North Dakota reported that their homes had smoke-free home rules ranking 18 among the states The percentage of homes without smoke-free home rules with children living in them was 284 ranking 11 among the states
Smoke-Free Home Rules and Homes without Rules that have Children
c Ql v Ql a
100
bull National
SmokemiddotFree Home
Rules
bull North Dakota
Homes without Rules
that have Children
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA State Smoke-Free Policy
As ofJune 30 2012 North Dakota had a smokeshyfree law that prohibits smoking in indoor areas of workplaces but not restaurants or bars The state allowed communities to enact local smoke-free laws
Note See Appendix B for updated legislation rhar rakes effect afrer June 30 2012
Offer
Adults Who Made a Quit Attempt in the Last Year
During 2009-2010 552 of North Dakota adult smokers made a quit attempt in the past year ranking 22d among the states
National
Percentage of Smokers Attempting to Quit
WORSE
In North Dakota
552 of adults made a quit attempt
ranking 22d
Source National Adult Tobacco Survey 2009-2010
Quitline Utilization
In 2010 the North Dakota quidine received 7478
calls and 1 342 tobacco users (an estimated 12 of all tobacco users in the state) received telephone counseling cessation medications or both from the state qui dine
Smoke-Free Legislation
I I Local Laws Workplaces Restaurants l Bars Permitted
Yes
I I
No No Yes Designated Smoking Areas t Ventilated Smoking Areas
bull Allowed for nonshyhospitality workplaces
1 Prohibited ror nonshyhospitJiity workplaces
t No Restrictions Allowed smoking in venues that prohibit minors
Note Not all footnotes may be used Source STATE System June 2012
304
Medicaid Coverage for Counseling and Medications
In 2010 North Dakotas Medicaid program provided incomplete coverage through Medicaid for tobaccoshydependence treatment North Dakota provided full coverage for some nicotine replacement therapies full coverage for varenicline full coverage for bupropion and no coverage for counseling (individual or group)
Medicaid Coverage for Counseling and Medications
Comprehensive Coverage
No
I Counseling NRT
Ms (On
1e or 1 Varenicline Jl Bupropion (Individual
ore andor Group)
Yes Yes Yes No
Pregnant women only t Fee-for-service only
Available only via the quitline
Note Not all footnotes may be used Source Halpinet a 2011
NORTH DAKOTA
Warn
Tobacco Counter-Marketing Media Intensity
CDC Best Practices recommendations translate into an average quarterly exposure of 1200 general audience gross raring points (GRPs) and 800 youth target raring points (TRPs) in effective anti-tobacco media campaigns North Dakota had an average of 10356 general audience GRPs and 1436 youth TRPs per quarter in television advertising supporting tobacco control messages in 2010
Anti-Tobacco Media Campaign Intensity G RPs Per Quarter
National
Median
2427 GRPs
General Audience
WORSE
North Dakota
Average 10356
GRPs (101h)
Source CDCOSH
Anti-Tobacco Media Campaign Intensity T RPs Per Quarter
National
Median
3 97TRPs
Youth (12-17Years)
WORSE
North
Dakota Average 1436 TRPs (13h)
Source CDCOSH
305
Knowledge of the Dangers of Tobacco
In North Dakota 657 of adults thought that breathing smoke from other peoples cigarettes or other tobacco products is very harmful to ones health in 2009-2010 Additionally 832 thought that cigarette smoking is very addictive
Secondhand Smoke
National
Average
656
WORSE
In North Dakota 657 of adults thought
__ secondhand smoke is very harmful The range
across all states was 721 to 559 North
Dakota ranked 17h
among the states
Source National Adult Tobacco Survey 2009-2010
Addictiveness of Smoking
National
Average
854
WORSE
In North Dakota 832 of adults thought that
smoking is very addictive The range across all states was
905 to 806 North __ Dakota ranked 45h among the states
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA
Enforce
State Allows Local Advertising and Promotion Laws State Allows Local Laws
As ofJune 30 2012 North Dakota allowed local regulation of tobacco industry promotions tobacco product sampling and display of tobacco products in commercial establishments
Promotion t Sampling I Display
Yes Yes Yes Source STATE System June 2012
Over-the-Counter Retail Licensure
As of June 30 2012 North Dakota required all establishments selling cigarettes and smokeless tobacco products over-the-counter to be licensed Nationally 37
states required over-the-counter licensure for cigarettes 29 of which also have a requirement for smokeless tobacco with various renewal frequencies fees and penalties for violations
Over-the-Counter Licensure and Penalties
Over-the- Minimum I Renewal I Penalty to Licensure Counter License License Fee Required I Business Includes _ Rqired _ _ (amp Frequelcy) _ Sruo_kes Toacc
$1500
Yes Yes
bull Annually Note Not all footnotes may be used bull Class A Misdemeanor Fine or Imprisonment or both Source STATE System June 2012
306
NORTH DAKOTA
Raise
Amount of Tobacco Product Excise Tax
As of June 302012 the excise tax on cigarettes in North Dakora was $044 per pack ranking 46h among the states The tax on cigars was 28 of the wholesale purchase price per cigar and for little cigars the tax was 28 of the wholesale purchase price per pack of 20 The tax on chewing tobacco was $0 I 6 per ounce with snuff taxed at $060 per ounce
Amount of Cigarette Excise Tax
National
Median
$1339
WORSE
As of June 30 2012
North Dakota had a
$044 cigarette excise tax-ranking 461h
among the states The range across states was
$435 to $017 per pack
Source STATE System June 2012
307
Price Paid for Last Cigarettes Purchased
In North Dakota 656 of adult smokers bought their last cigarettes by the pack and 344 bought them by the carton in 2009-2010 The average price that North Dakota smokers reported paying for their last pack of cigarettes was $433 in 2009-201 0 the range among states was $798 to $404 The average price that North Dakota smokers reponed paying for their last carton of cigarettes was $3561 in 2009-2010 the range among 45
states with valid data was $6445 to $3046
CAMPAIGN ov ToBACco-fREE
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N EW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVI NGS FROM A $100 CIGARETTE TAX I N C REASE I N NORTH DAKOTA
Cu rrent state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $1 048 per pack
Annual health care expenditu res in North Dakota directly caused by tobacco use $247 m illion S mokin g-caused state Med icaid program spending each year $47 mi l l ion
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $325 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase Percent decrease in youth smoking 154
-- -- -------------------------------------
Kids in North Dakota kept from becoming addicted adult smokers 6300 ------------------ --------------------------------------------------------------------------------
Current adult smokers in the state who would quit 5200 -----------------------------------------------------------------
Smoking-affected births avoided over next five years 900 -- -- --------
North Dakota residents saved from premature smoking-caused death 3400 ----middot-------------------- ------------------------------------------- middot --
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000 ------------ -----------------------------------
5- Year health care cost savings from fewer smoking-affected pregnancies amp births $213 mil l ion f-------------------------------------------------------------------------------------------------------------------------5- Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 mil l ion r------------------------------------------------------------------------------------------------------5- Year Medicaid program savings for the state $240000 ------------------------------------------------------------------------------------------------------- -----------
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 mil l ion 122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly diminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new reven ues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider all aspects of state tax pol icy related to OTPs (incl uding the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category linked to the state cigarette tax rate on a per-package or pe r-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoliciesltaxlus state local and httpwwwacscanorqltobaccopolicv
For more on sources and calculations see httpllwwwtobaccofreekidsorgresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Explanations amp Notes
Health care costs l isted at the top of the page are from the US Centers for Disease Control and Prevention
Projections a re based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the higher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggling and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion httptobaccofreekidsorgresearchfactsh eetspdf0274pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate i ncrease All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are limited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also limited because small tax i ncreases are unl ikely to produce significant public health benefits
Ongoing reductions in state smoking rates wil l over time gradually erode state cigarette tax revenues (in the absence of any new rate increases) But those declines are more predictable and less volatile than many other state revenue sources such as state income tax or corporate tax revenues (which can drop sharply during recessions) In addition the smoking declines that reduce tobacco tax revenues will simultaneously produce much larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdf0357pdf
For more on sources and calculations see httplwww tobaccofreekidsorqresearchlfactsheetslpdf028 1pdf
Needed State Efforts to P rotect State Tobacco Tax Revenues
Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qual ifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on all tobacco products to block tax evasion and promote tax equity No
High-tech tax stamps to stop counterfeiting and other smuggling and tax evasion No
Retailers lose license if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
North Dakota Tobacco Prevention and Control Executive Comm ittee
Center for Tobacco Prevention and Control Policy 4023 State Street Suite 65 bull Bismarck N D 58503-0638
Phone 70 1 328 5 1 30 middot Fax 701 328 5 1 35 middot Tol l Free 1 877277 5090
Testimony House Bil l 1 387
1 0 00 am Jan uary 29 20 1 3 House F inance and Taxation Comm ittee
Good morning Chairman Belter and members of the House Finance and Tax Committee I am Jeanne Prom executive director of the N D Center for Tobacco Prevention and Control Policy
I ncreasing the tobacco tax sig nificantly wil l lead to a decrease in tobacco use in our state Tobacco use is the leading cause of preventable disease and death and the tol l of tobacco u se in North Dakota is hig h
bull An n ual health care costs in North Dakota directly caused by smoking $247 mil l ion bull Portion paid by the state Medicaid prog ram annually $47 mil l ion bull N u mber of North Dakota adu lts who will die from smoking this year 800 bull High school students who smoke 7 400 (1 94) bull Male hig h school students who use smokeless or spit tobacco 22 2 bull Kids u nder 1 8 who become new daily smokers each year 600
The North Dakota Tobacco Prevention and Control Advisory Committee in its plan Saving Lives - Saving Money North Dakota s Comprehensive State Plan to Prevent and Control Tobacco Use cal ls for a sig nificant increase in al l tobacco taxes - to $2pack - to keep kids from starting and prompt users to quit As you can see on the attachments North Dakotas tobacco tax is one of the lowest in the country at 44 centspack This tax hasnt been increased since 1 993 The low tax resu lts in inexpensive tobacco that is affordable to youth and populations with l imited incomes and high smoking rates High tobacco taxes work most effectively to cut use among lower-income smokers and young male smokeless tobacco users - two g roups that suffer disproportionately from the harms of tobacco use
Tobacco use and its health hazards are completely preventable Raising the tobacco tax to $2pack with a comparable tax amou nt on other tobacco products can be expected to
bull Decrease youth smoking by 24 bull Reduce the number of kids from becoming addicted adult smokers by 9 900 bull Reduce the n umber of adults in the state who smoke by 8 200 bull Save the state mil l ions of dol lars in smoking-related health care costs over j ust 5 years
Please consider H B 1 387 with amendments to i ncrease the tobacco tax to $2pack with a comparable tax increase on al l other tobacco products
Thank you for your time and consideration I am happy to respond to any questions
The To bacco i n N o rth Da kota Updated Dec 5 2012
The Tol l of Tobacco in North Dakota
High school students who 1 94 (7400)
smoke middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot
Male high school stuents who 222
S SrlkS r Pt
t
Kids (under 1 8) who become 600
-middot- -IY S- X
Kids exposed to secondhand 42000
smoke at home Packs of cigarettes bought or
1 9 m il l ion lt9 Y i
------ Xr
Adu lts in North Dakota who smoke
21 9 ( 1 1 6 600)
Due to changes in CDCs methodology the 20 1 1 adult smoking rate cannot be
compared to adult smoking data from previous years
US National Data (201 1 )
i- -ltl flin
rt
Male h igh school students who 1 28
use smokeless tobacco
- n9 1 g(
Deaths i n North Da kota from Sm oking
Adults who die each year from th
k 800
e1r own smo mg
Kids now under 1 8 and alive in North Dakota who will ultimately 1 1 000 die prematurely from smoking
Smoking kil ls more people than alcohol AIDS car crashes i l legal drugs murders and suiCides combined - and thousands more die from other tobacco-related
causes - such as fires caused by smoking (more than 1 000 deathsyear nationwidr d smokeless tobacco use
Sm oking-Caused Monetary Costs in North Dakota
Annual health care costs in North Dakota directly caused by$247 m i ll ion
ltn
Portion covered by the state $47 m il l ion
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Residents state amp federal tax burden from srnoking-caused $574 per house hold
V-nt Pn i_
t
r
Smoking-caused productivity $ 1 92 m i l l ion
losses in North Dakota
Amounts do not include health costs caused by exposure to secondhand smoke smoking-caused fires smokeless tobacco use or cigar and pipe smoking Tobacco vse also imposes additional costs such as workplace productivity losses and damage to property
Tobacco Industry I nflue nce in North Dakota
Annual tobacco industry marketing expenditures nationwide
$85 bil l ion
Estimated portion spent for North Dakota marketing each $257 m il l ion
year
Published research studies have found that kids are twice as sensitive to tobacco advertising than adults and are more l ikely to be influenced to smoke by cigarette marketing than by peer pressure One-third of underage experimentation with smoking is attributable to tobacco company advertising
View sources of information
More detailed fact sheets on tobaccos toll in each state are avai lable by emailing factsheetstobaccofreekids org
CAMPAIGN middot ov
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Guam $300 No Marianas Islands $1 75
MAP OF STATE CIGARETTE TAX RATES
Average State Cigarette Tax $1 48 per Pack
Average Cigarette Tax in M ajor Tobacco States 485 cents per Pack
Average Cigarette Tax in N on-Tobacco States $1 61 per Pack
TX $1 41
gt
$320 Puerto Rico $223
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate since 1 999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $ 1 00 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or h igher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages l i sted above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The major tobacco states with extensive tobacco farming and often cigarette manufacturin g are NC KY VA SC TN amp GA Federal cigarette tax is $1 01 per pack Not shown are the special taxes or fee s some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local g overnments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) N ew York City ($1 50) and Anchorage AK ($2206) The U S Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $ 1 047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn
For m o re information on state cigarette taxes and the benefits from increasing them see httpwwwtobaccofreekidsorgfacts issuesfact s h eetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1 400 I Street NW middot Suite 1 200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekid sorg
State Tax
Alabama $0425 Alaska $200 Arizona $200 Arkansas $1 1 5 California $087 Colorado $084 Connecticut $340 Delaware $1 60 DC $250 Florida $1 339 Georgia $037 Hawai i $320 Idaho $057 I l l inois $1 98
Indiana $0995 Iowa $ 1 36 Kansas $079 Kentucky $060
STATE CIGARETTE EXCISE TAX RATES amp RANKINGS
Overal l All States Average $1 48 per pack
Major Tobacco States Average 485 cents per pack Other States Average $1 61 per pack
Rank State Tax Rank State
47th Louisiana $036 49th Oklahoma 1 1 th Maine $200 1 1 th Oregon 1 1 th Maryland $200 1 1 th Pennsylvania 30th Massachusetts $251 9th Rhode Island 33rd Michigan $200 1 1 th South Carolina 34th Minnesota $1 23 28th South Dakota 3rd Mississippi $068 37th Tennessee
2 1 st Missouri $0 1 7 5 1 st Texas 1 0th Montana $1 70 1 7th Utah 26th Nebraska $064 38th Vermont 48th Nevada $080 35th Virginia 4th New Hampshire $ 1 68 1 9th Washington
42nd New Jersey $270 6th West Virgin ia 1 6th New Mexico $1 66 20th Wisconsin
32nd New York $435 1 st Wyoming 25th North Carolina $045 45th Puerto Rico 36th North Dakota $044 46th G uam 40th Ohio $ 1 25 27th Northern Marianas
Tax stamp Includes 75cent health 1mpact fee
Tax Rank
$1 03 3 1 st $1 1 8 29th $1 60 2 1 st $350 2nd $057 42nd $ 1 53 23rd $062 39th $1 41 24th $1 70 1 7th $262 7th $0 30 50th
$3025 5th $055 44th $2 52 8th $060 40th $223 NA $300 NA $1 75 NA
Table shows al l cigarette tax rates in effect now Since 2002 47 states DC and several US territories have increased their cigarette tax rates more than 1 05 times The three states in bold type have not increased their cigarette tax since 1 999 or earlier Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $1 00 per pack or higher 14 states DC and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $4 00 per pack Tobacco states are KY VA NC SC GA and TN States average includes DC but not Puerto Rico other U S territories or local cigarette taxes The median tax rate is $1 34 per pack AK M l MN MS UT also have special taxes or fees on brands of manufacturers not participating in the state tobacco lawsuit settlements (NPMs)
The highest combined state-local tax rate is $585 in New York City with Chicago IL second at $566 per pack Other high state-local rates include Evanston IL at $548 and Anchorage AK at $4206 per pack For more on local cigarette taxes see httptobaccofreekids orgresearchfactsheetspdf0267 pdf
Federal cigarette tax is $1 01 per pack From the beginning of 1 998 through 2002 the m ajor cigarette companies increased the prices they charge by more than $1 25 per pack (but also instituted aggressive retail-level discounting for competitive pu rposes and to reduce related consumption declines) In January 2003 Philip Morris instituted a 65-cent per pack price cut for four of its major brands to replace its retail-level discounting and fight sales losses to discount brands and R J Reynolds followed suit In the last several years the major cigarette companies have increased their product prices by almost $ 1 00 per pack The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs total $1047 per pack sold and consumed in the US The average price for a pack of cigarettes nationwide is roughly $600 (including statewide sales taxes but not local cigarette or sales taxes other than NYCs $1 50 per pack cigarette tax) with considerable state-to-state differences because of d ifferent state tax rates and different manufacturer wholesaler and retailer pricing and discounting practices AK DE MT NH amp OR have no state retai l sales tax at al l OK has a state sales tax but does not apply it to cigarettes MN amp DC apply a per-pack sales tax at the wholesale level and AL GA amp MO (unl ike the rest of the states) do not apply their state sales tax to that portion of retai l cigarette prices that represents the states cigarette excise tax
Campaign for Tobacco-Free Kids December 13 2012 I Ann Boonn
For additional i nformation see the Cam paigns website at httplwwwtobaccofreekidsorgwhat we dostate localtaxes
Sources Orzechowski amp Walker Tax Burden on Tobacco 201 1 media reports state revenue department websites
middot Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change ih the actual excise tax rates just the way that the rates are listed
1 400 I Street NW - Suite 1 200 - Washington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
CAMPAIGN kJI TOigtAltpound0-fRpoundpound
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NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $156 CIGARETTE TAX INCREASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $ 1 048 per pack
Annual health care expend itures in North Dakota directly caused by tobacco use $247 m ill ion Smoking-caused state Med icaid program spending each year $47 m il lion
New Annual Revenue from Increasing the Cigarette Tax Rate by $156 Per Pack $4109 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate I nc rease
Percent decrease in youth smoking 240 Kids in North Dakota kept from becoming addicted adult smokers 9900 Current adult smokers in the state who would quit 800 Smoking-affected births avoided over next five years 1 500 North Dakota residents saved from premature smoking-caused death 5400 5-Year health care cost savings from fewer smoking-caused lung cancer cases $1 26 million
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $333 mill ion
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $233 mill ion
5-Year Medicaid program savings for the state $380000 Long-term health care cost savings in the state from adult amp youth smoking declines $35066 mil l ion
122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years wi l l similarly diminish or el iminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider al l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $2 00 per pack cigarette tax the states new OTP tax rate should be at least 60 of the wholesale price with m inimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoiciesltaxlus state local and httpllwwwacscanorqltobaccopoicy
For m ore on sources and calculations see httpllwwwtobaccofreekidsorglresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer A ction Network Melissa Maitin-Shepard
Explanations amp Notes Health care costs l isted at the top of the page are from the US Centers for Disease Control and P revention
Projections are based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the h igher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggl ing and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion http 1tobaccofreekids orgresearchfactsheetspdf027 4 pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate increase All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are l imited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also l imited because small tax increases are unl ikely to produce significant public health benefits
Ongoing red uctions in state smoking rates will over time gradually erode state cigarette tax revenues (in the absence of any new rate i ncreases) But those declines are more predictable and less volatile than many other state revenue sources such as state i ncome tax or corporate tax revenues (which can drop sharply during recessions) I n addition the smoking declines that reduce tobacco tax revenues will sim ultaneously produce m uch larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdfl0357 pdf
For more on sources and calculations see httpllwww tobaccofreekidsorqlresearchlfactsheetspdf0281 pdf
Needed State Efforts to Protect State Tobacco Tax Revenues Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qualifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on al l tobacco products to block tax evasion and promote tax equity No
H ig h-tech tax stamps to stop counterfeiting and other smuggl ing and tax evasion No
Retailers lose l icense if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
Testimony of Bill Shalhoob
Greater North Dakota Chamber of Commerce HB 1 3 87
January 29 20 1 3
Greater North Dakota Chamber
Mr Chairman and members of the committee My name is Bill Shalhoob and I am here today representing the Greater North Dakota Chamber of Commerce the champions for business in North Dakota GNDC is working to build the strongest business environment possible through its more than 1 1 00 business members as well as partnerships and coalitions with local chambers of commerce from across the state GNDC also represents the National Association of
Manufacturers and works closely with the US Chamber of Commerce As a group we stand in opposition to HB 1d urge a do not pass from your committee on the bill
nn GNDC has a long history of opposing excise taxes which we believe are onerous and unfair
We have a difficult time understanding this bill and the tax increase from 1 7 mills to 45 mills a
1 65 raise according to our math proposed in it North Dakota certainly does not need the
additional revenue that might come from this tax increase Our focus in this session is on tax decreases not increases If we are trying to do social engineering that is to discourage the practice the tax code is a poor place to do it If the goal is to eliminate smoking introduce a bil l prohibiting the sale or use of tobacco products in the state As witnessed by our experience with Minnesota increasing their cigarette tax with a health fee all we do is drive sales to a lower priced location by passing this bil l We see no acceptable reason to enact this tax
Thank you for the opportunity to appear before you today in opposition to HB 1 3 87 I would be happy to answer any questions
Champions Business
PO Box 2639 P 701middot222-0929 Bismarck NO 58502 F 701-222-1611
wwwndcharnbercorn
w - -I --------
North Dakota Retai l Association NO Petroleum Marketers Association
North Dakota Propane Gas Association
---- LEG S LAT VE BU LLET N Testimony- HB 1387
January 29 2013- House Finance and Tax Committee
Chairman Belter and Members of the House Finance and Tax Committee
We know any type of tax tends to put the squeeze on consumer spending potentially strain
household budgets and curb retail sales Which is exactly why the North Dakota Petroleum
Marketers Association and its 400 members from across the state are asking you to vote
NO on HB 1387
Passage of HB 1387 will burden North Dakotas lower Income Earners Cigarette
excise taxes are regressive in nature B ased on data from the Center for
Disease Control roughly 30 of adults in North Dakota who earn less than
$ 15000 are smokers whereas only 160 of adults who earn $50000 or
more are smokers Raising taxes will further unfairly burden low-income
earners
Passage of HB 1387 will harm the retail sector as well
Increasing the excise tax could hurt legitimate retailers when
adult smokers shift purchases to other outlets such as the internet This
would negatively affect North Dakota s 1 300 retailers
Even more pressing is the fear Passage of HB 1387 could increase illegal cigarette trafficking
An excise tax increase could provide incentives for smuggling and other
contraband activities resulting in lost revenues According to the Bureau of
1 02 5 North 3rd Street bull PO Box 1 9 5 6 bull Bismarck NO 58502 bull 701 -223-3370 bull Fax 7 0 1 -223-5004 Web Address ndretailorg bull ndpetroleumorg bull ndpropaneorg
Alcohol Tobacco Firearms and Explosives cigarette smuggling has
turned into a lucrative business for criminals who trade cigarettes and other
tobacco products on the black market Nationally its estimated $5 billion in
tax revenue annually is lost on the black market
For all of these reasons NDPMA is asking for a NO vote on HB 1387
Thank you for your time and consideration
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote
NORTH DAKOTA
Monitor
Adult Current CigaretteSmokeless Tobacco Use
In North Dakota the percentage of adults (ages 18+)
who currently smoke cigarettes was 219 in 2011
Across all states and DC the prevalence of cigarette smoking among adults ranged from 118 to 290
North Dakota ranked 30 among the states
The percentage of adults who currently use smoke-less tobacco was 76 in 2011 Across all states and DC the prevalence ranged from 14 to 98 North Dakota ranked 49 among the states
Current Cigarette and Smokeless Tobacco Use among Adults by Demographic Characteristics
National (median)
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
Less than high school degree
High school degree
More than high school degree
18-24 years old
25-44 years old
45-64 years old
65+ years old
bull Cigarettes
0 10 20
bullbullbull Sample size lt50
ml Smokeless Tobacco
30 40 Percent
50 60 70 80
Source Behavioral Risk Factor Surveillance System 2011
300
NORTH DAKOTA Youth Current CigaretteSmokeless TobaccoCigar Use
In North Dakota the percentage of youth in grades 9-12
who currently smoke cigarettes was 194 in 20 11 The range across 44 states was 59 to 241 North Dakota ranked 34h among 44 states
The percentage of youth who currently use smokeless tobacco was 136 in 2011 The range across 40 states was 35 to 169 North Dakota ranked 36h among 40 states
The percentage of youth who currently smoke cigars was 135 in 201 1 The range across 37 states was 50 to 183 North Dakota ranked 17h among 37 states
The percentage of youth who currently use tobacco (ie cigarettes smokeless tobacco andor cigars) was 283 in 2011 The range across 36 states was 78 to 319 North Dakota ranked 30h among 36 states
Tobacco Use among High School Students by Demographic Characteristics
bull Cigarettes
National
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
9th grade
1Oth grade
11th grade
12th grade
IE Smokeless Tobacco bull Cigars
0 10 20 30 Percent
Cigarettes smokeless tobacco andor cigars Sample size lt100
301
liil Tobacco
40 50 60 70
Source Youth Risk Behavior Survey 2011
NORTH DAKOTA Past-Year Cigarette Initiation
In 2008-2009 of all North Dakota youth ages 12-17
who had never smoked 66 smoked a cigarette for the first time in the past year This ranked 37 in the nation with a range of 33-92 among the states
Of all young adults ages 18-25 who had never smoked 147 smoked a cigarette for the first time in 2008-
2009 This ranked 51 in the nation with a range of 42-147 among the states
Past-Year Cigarette Initiates among Persons Aged 12-25 by Age of First Use 2002-2009
ltfJ c Ql v Ql c
25
20
15
10
5
0
__ Total Initiates -11- Initiates aged 12-17 --+-- Initiates aged 1 8-25
2002-2003 2004-2005 2006-2007 2008-2009
Year Source National Survey on Drug Use and Health 2002-2009
302
NORTH DAKOTA
Protect
Adult Exposure to Secondhand Smoke
Among all adults the percentage who reported being exposed to secondhand smoke within the past 7 days was lower in North Dakota than
Exposure to Secondhand Smoke
in the nation overall In 2009-2010 overall exposure to secondhand smoke in North Dakota was 450 ranking 1 8 among the states
I I I I Overall Workplaces i Homes 1 Vehicles Public Places I I
450
Adults were exposed to secondhand smoke in various locations The table shows the percentage of North Dakota adults who reported any exposure as well as exposure in their home in a vehicle or in indoor or outdoor areas at work or public places in the past 7 days
c Ql
100
Secondhand Smoke Exposure and Opinions about Smoking
in the Workplace bull National bull North Dakota
80
60 Ql a
Adults Reporting Being
Exposed to Secondhand
Smoke (overall)
Adults Who Think
Smoking Should Never be
Allowed in the Workplace
Source National Adult Tobacco Survey 2009-2010
Opinions about Smoking in the Workplace
In 2009-2010 778 of adults in North Dakota thought that smoking should never be allowed in indoor workplaces ranking 30 among the states
303
180 81 150 324 Source National Adult Tobacco Survey 2009-201 0
Smoke-Free Home Rules
In 2009-2010 836 of adults in North Dakota reported that their homes had smoke-free home rules ranking 18 among the states The percentage of homes without smoke-free home rules with children living in them was 284 ranking 11 among the states
Smoke-Free Home Rules and Homes without Rules that have Children
c Ql v Ql a
100
bull National
SmokemiddotFree Home
Rules
bull North Dakota
Homes without Rules
that have Children
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA State Smoke-Free Policy
As ofJune 30 2012 North Dakota had a smokeshyfree law that prohibits smoking in indoor areas of workplaces but not restaurants or bars The state allowed communities to enact local smoke-free laws
Note See Appendix B for updated legislation rhar rakes effect afrer June 30 2012
Offer
Adults Who Made a Quit Attempt in the Last Year
During 2009-2010 552 of North Dakota adult smokers made a quit attempt in the past year ranking 22d among the states
National
Percentage of Smokers Attempting to Quit
WORSE
In North Dakota
552 of adults made a quit attempt
ranking 22d
Source National Adult Tobacco Survey 2009-2010
Quitline Utilization
In 2010 the North Dakota quidine received 7478
calls and 1 342 tobacco users (an estimated 12 of all tobacco users in the state) received telephone counseling cessation medications or both from the state qui dine
Smoke-Free Legislation
I I Local Laws Workplaces Restaurants l Bars Permitted
Yes
I I
No No Yes Designated Smoking Areas t Ventilated Smoking Areas
bull Allowed for nonshyhospitality workplaces
1 Prohibited ror nonshyhospitJiity workplaces
t No Restrictions Allowed smoking in venues that prohibit minors
Note Not all footnotes may be used Source STATE System June 2012
304
Medicaid Coverage for Counseling and Medications
In 2010 North Dakotas Medicaid program provided incomplete coverage through Medicaid for tobaccoshydependence treatment North Dakota provided full coverage for some nicotine replacement therapies full coverage for varenicline full coverage for bupropion and no coverage for counseling (individual or group)
Medicaid Coverage for Counseling and Medications
Comprehensive Coverage
No
I Counseling NRT
Ms (On
1e or 1 Varenicline Jl Bupropion (Individual
ore andor Group)
Yes Yes Yes No
Pregnant women only t Fee-for-service only
Available only via the quitline
Note Not all footnotes may be used Source Halpinet a 2011
NORTH DAKOTA
Warn
Tobacco Counter-Marketing Media Intensity
CDC Best Practices recommendations translate into an average quarterly exposure of 1200 general audience gross raring points (GRPs) and 800 youth target raring points (TRPs) in effective anti-tobacco media campaigns North Dakota had an average of 10356 general audience GRPs and 1436 youth TRPs per quarter in television advertising supporting tobacco control messages in 2010
Anti-Tobacco Media Campaign Intensity G RPs Per Quarter
National
Median
2427 GRPs
General Audience
WORSE
North Dakota
Average 10356
GRPs (101h)
Source CDCOSH
Anti-Tobacco Media Campaign Intensity T RPs Per Quarter
National
Median
3 97TRPs
Youth (12-17Years)
WORSE
North
Dakota Average 1436 TRPs (13h)
Source CDCOSH
305
Knowledge of the Dangers of Tobacco
In North Dakota 657 of adults thought that breathing smoke from other peoples cigarettes or other tobacco products is very harmful to ones health in 2009-2010 Additionally 832 thought that cigarette smoking is very addictive
Secondhand Smoke
National
Average
656
WORSE
In North Dakota 657 of adults thought
__ secondhand smoke is very harmful The range
across all states was 721 to 559 North
Dakota ranked 17h
among the states
Source National Adult Tobacco Survey 2009-2010
Addictiveness of Smoking
National
Average
854
WORSE
In North Dakota 832 of adults thought that
smoking is very addictive The range across all states was
905 to 806 North __ Dakota ranked 45h among the states
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA
Enforce
State Allows Local Advertising and Promotion Laws State Allows Local Laws
As ofJune 30 2012 North Dakota allowed local regulation of tobacco industry promotions tobacco product sampling and display of tobacco products in commercial establishments
Promotion t Sampling I Display
Yes Yes Yes Source STATE System June 2012
Over-the-Counter Retail Licensure
As of June 30 2012 North Dakota required all establishments selling cigarettes and smokeless tobacco products over-the-counter to be licensed Nationally 37
states required over-the-counter licensure for cigarettes 29 of which also have a requirement for smokeless tobacco with various renewal frequencies fees and penalties for violations
Over-the-Counter Licensure and Penalties
Over-the- Minimum I Renewal I Penalty to Licensure Counter License License Fee Required I Business Includes _ Rqired _ _ (amp Frequelcy) _ Sruo_kes Toacc
$1500
Yes Yes
bull Annually Note Not all footnotes may be used bull Class A Misdemeanor Fine or Imprisonment or both Source STATE System June 2012
306
NORTH DAKOTA
Raise
Amount of Tobacco Product Excise Tax
As of June 302012 the excise tax on cigarettes in North Dakora was $044 per pack ranking 46h among the states The tax on cigars was 28 of the wholesale purchase price per cigar and for little cigars the tax was 28 of the wholesale purchase price per pack of 20 The tax on chewing tobacco was $0 I 6 per ounce with snuff taxed at $060 per ounce
Amount of Cigarette Excise Tax
National
Median
$1339
WORSE
As of June 30 2012
North Dakota had a
$044 cigarette excise tax-ranking 461h
among the states The range across states was
$435 to $017 per pack
Source STATE System June 2012
307
Price Paid for Last Cigarettes Purchased
In North Dakota 656 of adult smokers bought their last cigarettes by the pack and 344 bought them by the carton in 2009-2010 The average price that North Dakota smokers reported paying for their last pack of cigarettes was $433 in 2009-201 0 the range among states was $798 to $404 The average price that North Dakota smokers reponed paying for their last carton of cigarettes was $3561 in 2009-2010 the range among 45
states with valid data was $6445 to $3046
CAMPAIGN ov ToBACco-fREE
Kirk-middot
bull
ancer Action jii
N EW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVI NGS FROM A $100 CIGARETTE TAX I N C REASE I N NORTH DAKOTA
Cu rrent state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $1 048 per pack
Annual health care expenditu res in North Dakota directly caused by tobacco use $247 m illion S mokin g-caused state Med icaid program spending each year $47 mi l l ion
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $325 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase Percent decrease in youth smoking 154
-- -- -------------------------------------
Kids in North Dakota kept from becoming addicted adult smokers 6300 ------------------ --------------------------------------------------------------------------------
Current adult smokers in the state who would quit 5200 -----------------------------------------------------------------
Smoking-affected births avoided over next five years 900 -- -- --------
North Dakota residents saved from premature smoking-caused death 3400 ----middot-------------------- ------------------------------------------- middot --
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000 ------------ -----------------------------------
5- Year health care cost savings from fewer smoking-affected pregnancies amp births $213 mil l ion f-------------------------------------------------------------------------------------------------------------------------5- Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 mil l ion r------------------------------------------------------------------------------------------------------5- Year Medicaid program savings for the state $240000 ------------------------------------------------------------------------------------------------------- -----------
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 mil l ion 122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly diminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new reven ues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider all aspects of state tax pol icy related to OTPs (incl uding the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category linked to the state cigarette tax rate on a per-package or pe r-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoliciesltaxlus state local and httpwwwacscanorqltobaccopolicv
For more on sources and calculations see httpllwwwtobaccofreekidsorgresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Explanations amp Notes
Health care costs l isted at the top of the page are from the US Centers for Disease Control and Prevention
Projections a re based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the higher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggling and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion httptobaccofreekidsorgresearchfactsh eetspdf0274pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate i ncrease All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are limited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also limited because small tax i ncreases are unl ikely to produce significant public health benefits
Ongoing reductions in state smoking rates wil l over time gradually erode state cigarette tax revenues (in the absence of any new rate increases) But those declines are more predictable and less volatile than many other state revenue sources such as state income tax or corporate tax revenues (which can drop sharply during recessions) In addition the smoking declines that reduce tobacco tax revenues will simultaneously produce much larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdf0357pdf
For more on sources and calculations see httplwww tobaccofreekidsorqresearchlfactsheetslpdf028 1pdf
Needed State Efforts to P rotect State Tobacco Tax Revenues
Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qual ifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on all tobacco products to block tax evasion and promote tax equity No
High-tech tax stamps to stop counterfeiting and other smuggling and tax evasion No
Retailers lose license if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
North Dakota Tobacco Prevention and Control Executive Comm ittee
Center for Tobacco Prevention and Control Policy 4023 State Street Suite 65 bull Bismarck N D 58503-0638
Phone 70 1 328 5 1 30 middot Fax 701 328 5 1 35 middot Tol l Free 1 877277 5090
Testimony House Bil l 1 387
1 0 00 am Jan uary 29 20 1 3 House F inance and Taxation Comm ittee
Good morning Chairman Belter and members of the House Finance and Tax Committee I am Jeanne Prom executive director of the N D Center for Tobacco Prevention and Control Policy
I ncreasing the tobacco tax sig nificantly wil l lead to a decrease in tobacco use in our state Tobacco use is the leading cause of preventable disease and death and the tol l of tobacco u se in North Dakota is hig h
bull An n ual health care costs in North Dakota directly caused by smoking $247 mil l ion bull Portion paid by the state Medicaid prog ram annually $47 mil l ion bull N u mber of North Dakota adu lts who will die from smoking this year 800 bull High school students who smoke 7 400 (1 94) bull Male hig h school students who use smokeless or spit tobacco 22 2 bull Kids u nder 1 8 who become new daily smokers each year 600
The North Dakota Tobacco Prevention and Control Advisory Committee in its plan Saving Lives - Saving Money North Dakota s Comprehensive State Plan to Prevent and Control Tobacco Use cal ls for a sig nificant increase in al l tobacco taxes - to $2pack - to keep kids from starting and prompt users to quit As you can see on the attachments North Dakotas tobacco tax is one of the lowest in the country at 44 centspack This tax hasnt been increased since 1 993 The low tax resu lts in inexpensive tobacco that is affordable to youth and populations with l imited incomes and high smoking rates High tobacco taxes work most effectively to cut use among lower-income smokers and young male smokeless tobacco users - two g roups that suffer disproportionately from the harms of tobacco use
Tobacco use and its health hazards are completely preventable Raising the tobacco tax to $2pack with a comparable tax amou nt on other tobacco products can be expected to
bull Decrease youth smoking by 24 bull Reduce the number of kids from becoming addicted adult smokers by 9 900 bull Reduce the n umber of adults in the state who smoke by 8 200 bull Save the state mil l ions of dol lars in smoking-related health care costs over j ust 5 years
Please consider H B 1 387 with amendments to i ncrease the tobacco tax to $2pack with a comparable tax increase on al l other tobacco products
Thank you for your time and consideration I am happy to respond to any questions
The To bacco i n N o rth Da kota Updated Dec 5 2012
The Tol l of Tobacco in North Dakota
High school students who 1 94 (7400)
smoke middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot
Male high school stuents who 222
S SrlkS r Pt
t
Kids (under 1 8) who become 600
-middot- -IY S- X
Kids exposed to secondhand 42000
smoke at home Packs of cigarettes bought or
1 9 m il l ion lt9 Y i
------ Xr
Adu lts in North Dakota who smoke
21 9 ( 1 1 6 600)
Due to changes in CDCs methodology the 20 1 1 adult smoking rate cannot be
compared to adult smoking data from previous years
US National Data (201 1 )
i- -ltl flin
rt
Male h igh school students who 1 28
use smokeless tobacco
- n9 1 g(
Deaths i n North Da kota from Sm oking
Adults who die each year from th
k 800
e1r own smo mg
Kids now under 1 8 and alive in North Dakota who will ultimately 1 1 000 die prematurely from smoking
Smoking kil ls more people than alcohol AIDS car crashes i l legal drugs murders and suiCides combined - and thousands more die from other tobacco-related
causes - such as fires caused by smoking (more than 1 000 deathsyear nationwidr d smokeless tobacco use
Sm oking-Caused Monetary Costs in North Dakota
Annual health care costs in North Dakota directly caused by$247 m i ll ion
ltn
Portion covered by the state $47 m il l ion
-ii P9--
Residents state amp federal tax burden from srnoking-caused $574 per house hold
V-nt Pn i_
t
r
Smoking-caused productivity $ 1 92 m i l l ion
losses in North Dakota
Amounts do not include health costs caused by exposure to secondhand smoke smoking-caused fires smokeless tobacco use or cigar and pipe smoking Tobacco vse also imposes additional costs such as workplace productivity losses and damage to property
Tobacco Industry I nflue nce in North Dakota
Annual tobacco industry marketing expenditures nationwide
$85 bil l ion
Estimated portion spent for North Dakota marketing each $257 m il l ion
year
Published research studies have found that kids are twice as sensitive to tobacco advertising than adults and are more l ikely to be influenced to smoke by cigarette marketing than by peer pressure One-third of underage experimentation with smoking is attributable to tobacco company advertising
View sources of information
More detailed fact sheets on tobaccos toll in each state are avai lable by emailing factsheetstobaccofreekids org
CAMPAIGN middot ov
ToBA((o-fRpoundpound K ick
Guam $300 No Marianas Islands $1 75
MAP OF STATE CIGARETTE TAX RATES
Average State Cigarette Tax $1 48 per Pack
Average Cigarette Tax in M ajor Tobacco States 485 cents per Pack
Average Cigarette Tax in N on-Tobacco States $1 61 per Pack
TX $1 41
gt
$320 Puerto Rico $223
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate since 1 999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $ 1 00 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or h igher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages l i sted above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The major tobacco states with extensive tobacco farming and often cigarette manufacturin g are NC KY VA SC TN amp GA Federal cigarette tax is $1 01 per pack Not shown are the special taxes or fee s some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local g overnments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) N ew York City ($1 50) and Anchorage AK ($2206) The U S Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $ 1 047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn
For m o re information on state cigarette taxes and the benefits from increasing them see httpwwwtobaccofreekidsorgfacts issuesfact s h eetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1 400 I Street NW middot Suite 1 200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekid sorg
State Tax
Alabama $0425 Alaska $200 Arizona $200 Arkansas $1 1 5 California $087 Colorado $084 Connecticut $340 Delaware $1 60 DC $250 Florida $1 339 Georgia $037 Hawai i $320 Idaho $057 I l l inois $1 98
Indiana $0995 Iowa $ 1 36 Kansas $079 Kentucky $060
STATE CIGARETTE EXCISE TAX RATES amp RANKINGS
Overal l All States Average $1 48 per pack
Major Tobacco States Average 485 cents per pack Other States Average $1 61 per pack
Rank State Tax Rank State
47th Louisiana $036 49th Oklahoma 1 1 th Maine $200 1 1 th Oregon 1 1 th Maryland $200 1 1 th Pennsylvania 30th Massachusetts $251 9th Rhode Island 33rd Michigan $200 1 1 th South Carolina 34th Minnesota $1 23 28th South Dakota 3rd Mississippi $068 37th Tennessee
2 1 st Missouri $0 1 7 5 1 st Texas 1 0th Montana $1 70 1 7th Utah 26th Nebraska $064 38th Vermont 48th Nevada $080 35th Virginia 4th New Hampshire $ 1 68 1 9th Washington
42nd New Jersey $270 6th West Virgin ia 1 6th New Mexico $1 66 20th Wisconsin
32nd New York $435 1 st Wyoming 25th North Carolina $045 45th Puerto Rico 36th North Dakota $044 46th G uam 40th Ohio $ 1 25 27th Northern Marianas
Tax stamp Includes 75cent health 1mpact fee
Tax Rank
$1 03 3 1 st $1 1 8 29th $1 60 2 1 st $350 2nd $057 42nd $ 1 53 23rd $062 39th $1 41 24th $1 70 1 7th $262 7th $0 30 50th
$3025 5th $055 44th $2 52 8th $060 40th $223 NA $300 NA $1 75 NA
Table shows al l cigarette tax rates in effect now Since 2002 47 states DC and several US territories have increased their cigarette tax rates more than 1 05 times The three states in bold type have not increased their cigarette tax since 1 999 or earlier Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $1 00 per pack or higher 14 states DC and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $4 00 per pack Tobacco states are KY VA NC SC GA and TN States average includes DC but not Puerto Rico other U S territories or local cigarette taxes The median tax rate is $1 34 per pack AK M l MN MS UT also have special taxes or fees on brands of manufacturers not participating in the state tobacco lawsuit settlements (NPMs)
The highest combined state-local tax rate is $585 in New York City with Chicago IL second at $566 per pack Other high state-local rates include Evanston IL at $548 and Anchorage AK at $4206 per pack For more on local cigarette taxes see httptobaccofreekids orgresearchfactsheetspdf0267 pdf
Federal cigarette tax is $1 01 per pack From the beginning of 1 998 through 2002 the m ajor cigarette companies increased the prices they charge by more than $1 25 per pack (but also instituted aggressive retail-level discounting for competitive pu rposes and to reduce related consumption declines) In January 2003 Philip Morris instituted a 65-cent per pack price cut for four of its major brands to replace its retail-level discounting and fight sales losses to discount brands and R J Reynolds followed suit In the last several years the major cigarette companies have increased their product prices by almost $ 1 00 per pack The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs total $1047 per pack sold and consumed in the US The average price for a pack of cigarettes nationwide is roughly $600 (including statewide sales taxes but not local cigarette or sales taxes other than NYCs $1 50 per pack cigarette tax) with considerable state-to-state differences because of d ifferent state tax rates and different manufacturer wholesaler and retailer pricing and discounting practices AK DE MT NH amp OR have no state retai l sales tax at al l OK has a state sales tax but does not apply it to cigarettes MN amp DC apply a per-pack sales tax at the wholesale level and AL GA amp MO (unl ike the rest of the states) do not apply their state sales tax to that portion of retai l cigarette prices that represents the states cigarette excise tax
Campaign for Tobacco-Free Kids December 13 2012 I Ann Boonn
For additional i nformation see the Cam paigns website at httplwwwtobaccofreekidsorgwhat we dostate localtaxes
Sources Orzechowski amp Walker Tax Burden on Tobacco 201 1 media reports state revenue department websites
middot Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change ih the actual excise tax rates just the way that the rates are listed
1 400 I Street NW - Suite 1 200 - Washington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
CAMPAIGN kJI TOigtAltpound0-fRpoundpound
K ick
NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $156 CIGARETTE TAX INCREASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $ 1 048 per pack
Annual health care expend itures in North Dakota directly caused by tobacco use $247 m ill ion Smoking-caused state Med icaid program spending each year $47 m il lion
New Annual Revenue from Increasing the Cigarette Tax Rate by $156 Per Pack $4109 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate I nc rease
Percent decrease in youth smoking 240 Kids in North Dakota kept from becoming addicted adult smokers 9900 Current adult smokers in the state who would quit 800 Smoking-affected births avoided over next five years 1 500 North Dakota residents saved from premature smoking-caused death 5400 5-Year health care cost savings from fewer smoking-caused lung cancer cases $1 26 million
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $333 mill ion
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $233 mill ion
5-Year Medicaid program savings for the state $380000 Long-term health care cost savings in the state from adult amp youth smoking declines $35066 mil l ion
122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years wi l l similarly diminish or el iminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider al l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $2 00 per pack cigarette tax the states new OTP tax rate should be at least 60 of the wholesale price with m inimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoiciesltaxlus state local and httpllwwwacscanorqltobaccopoicy
For m ore on sources and calculations see httpllwwwtobaccofreekidsorglresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer A ction Network Melissa Maitin-Shepard
Explanations amp Notes Health care costs l isted at the top of the page are from the US Centers for Disease Control and P revention
Projections are based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the h igher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggl ing and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion http 1tobaccofreekids orgresearchfactsheetspdf027 4 pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate increase All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are l imited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also l imited because small tax increases are unl ikely to produce significant public health benefits
Ongoing red uctions in state smoking rates will over time gradually erode state cigarette tax revenues (in the absence of any new rate i ncreases) But those declines are more predictable and less volatile than many other state revenue sources such as state i ncome tax or corporate tax revenues (which can drop sharply during recessions) I n addition the smoking declines that reduce tobacco tax revenues will sim ultaneously produce m uch larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdfl0357 pdf
For more on sources and calculations see httpllwww tobaccofreekidsorqlresearchlfactsheetspdf0281 pdf
Needed State Efforts to Protect State Tobacco Tax Revenues Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qualifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on al l tobacco products to block tax evasion and promote tax equity No
H ig h-tech tax stamps to stop counterfeiting and other smuggl ing and tax evasion No
Retailers lose l icense if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
Testimony of Bill Shalhoob
Greater North Dakota Chamber of Commerce HB 1 3 87
January 29 20 1 3
Greater North Dakota Chamber
Mr Chairman and members of the committee My name is Bill Shalhoob and I am here today representing the Greater North Dakota Chamber of Commerce the champions for business in North Dakota GNDC is working to build the strongest business environment possible through its more than 1 1 00 business members as well as partnerships and coalitions with local chambers of commerce from across the state GNDC also represents the National Association of
Manufacturers and works closely with the US Chamber of Commerce As a group we stand in opposition to HB 1d urge a do not pass from your committee on the bill
nn GNDC has a long history of opposing excise taxes which we believe are onerous and unfair
We have a difficult time understanding this bill and the tax increase from 1 7 mills to 45 mills a
1 65 raise according to our math proposed in it North Dakota certainly does not need the
additional revenue that might come from this tax increase Our focus in this session is on tax decreases not increases If we are trying to do social engineering that is to discourage the practice the tax code is a poor place to do it If the goal is to eliminate smoking introduce a bil l prohibiting the sale or use of tobacco products in the state As witnessed by our experience with Minnesota increasing their cigarette tax with a health fee all we do is drive sales to a lower priced location by passing this bil l We see no acceptable reason to enact this tax
Thank you for the opportunity to appear before you today in opposition to HB 1 3 87 I would be happy to answer any questions
Champions Business
PO Box 2639 P 701middot222-0929 Bismarck NO 58502 F 701-222-1611
wwwndcharnbercorn
w - -I --------
North Dakota Retai l Association NO Petroleum Marketers Association
North Dakota Propane Gas Association
---- LEG S LAT VE BU LLET N Testimony- HB 1387
January 29 2013- House Finance and Tax Committee
Chairman Belter and Members of the House Finance and Tax Committee
We know any type of tax tends to put the squeeze on consumer spending potentially strain
household budgets and curb retail sales Which is exactly why the North Dakota Petroleum
Marketers Association and its 400 members from across the state are asking you to vote
NO on HB 1387
Passage of HB 1387 will burden North Dakotas lower Income Earners Cigarette
excise taxes are regressive in nature B ased on data from the Center for
Disease Control roughly 30 of adults in North Dakota who earn less than
$ 15000 are smokers whereas only 160 of adults who earn $50000 or
more are smokers Raising taxes will further unfairly burden low-income
earners
Passage of HB 1387 will harm the retail sector as well
Increasing the excise tax could hurt legitimate retailers when
adult smokers shift purchases to other outlets such as the internet This
would negatively affect North Dakota s 1 300 retailers
Even more pressing is the fear Passage of HB 1387 could increase illegal cigarette trafficking
An excise tax increase could provide incentives for smuggling and other
contraband activities resulting in lost revenues According to the Bureau of
1 02 5 North 3rd Street bull PO Box 1 9 5 6 bull Bismarck NO 58502 bull 701 -223-3370 bull Fax 7 0 1 -223-5004 Web Address ndretailorg bull ndpetroleumorg bull ndpropaneorg
Alcohol Tobacco Firearms and Explosives cigarette smuggling has
turned into a lucrative business for criminals who trade cigarettes and other
tobacco products on the black market Nationally its estimated $5 billion in
tax revenue annually is lost on the black market
For all of these reasons NDPMA is asking for a NO vote on HB 1387
Thank you for your time and consideration
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote
NORTH DAKOTA Youth Current CigaretteSmokeless TobaccoCigar Use
In North Dakota the percentage of youth in grades 9-12
who currently smoke cigarettes was 194 in 20 11 The range across 44 states was 59 to 241 North Dakota ranked 34h among 44 states
The percentage of youth who currently use smokeless tobacco was 136 in 2011 The range across 40 states was 35 to 169 North Dakota ranked 36h among 40 states
The percentage of youth who currently smoke cigars was 135 in 201 1 The range across 37 states was 50 to 183 North Dakota ranked 17h among 37 states
The percentage of youth who currently use tobacco (ie cigarettes smokeless tobacco andor cigars) was 283 in 2011 The range across 36 states was 78 to 319 North Dakota ranked 30h among 36 states
Tobacco Use among High School Students by Demographic Characteristics
bull Cigarettes
National
North Dakota
White
African American
Hispanic
Asian
American Indian I Alaska Native
Native Hawaiian I Pacific Islander
Female
Male
9th grade
1Oth grade
11th grade
12th grade
IE Smokeless Tobacco bull Cigars
0 10 20 30 Percent
Cigarettes smokeless tobacco andor cigars Sample size lt100
301
liil Tobacco
40 50 60 70
Source Youth Risk Behavior Survey 2011
NORTH DAKOTA Past-Year Cigarette Initiation
In 2008-2009 of all North Dakota youth ages 12-17
who had never smoked 66 smoked a cigarette for the first time in the past year This ranked 37 in the nation with a range of 33-92 among the states
Of all young adults ages 18-25 who had never smoked 147 smoked a cigarette for the first time in 2008-
2009 This ranked 51 in the nation with a range of 42-147 among the states
Past-Year Cigarette Initiates among Persons Aged 12-25 by Age of First Use 2002-2009
ltfJ c Ql v Ql c
25
20
15
10
5
0
__ Total Initiates -11- Initiates aged 12-17 --+-- Initiates aged 1 8-25
2002-2003 2004-2005 2006-2007 2008-2009
Year Source National Survey on Drug Use and Health 2002-2009
302
NORTH DAKOTA
Protect
Adult Exposure to Secondhand Smoke
Among all adults the percentage who reported being exposed to secondhand smoke within the past 7 days was lower in North Dakota than
Exposure to Secondhand Smoke
in the nation overall In 2009-2010 overall exposure to secondhand smoke in North Dakota was 450 ranking 1 8 among the states
I I I I Overall Workplaces i Homes 1 Vehicles Public Places I I
450
Adults were exposed to secondhand smoke in various locations The table shows the percentage of North Dakota adults who reported any exposure as well as exposure in their home in a vehicle or in indoor or outdoor areas at work or public places in the past 7 days
c Ql
100
Secondhand Smoke Exposure and Opinions about Smoking
in the Workplace bull National bull North Dakota
80
60 Ql a
Adults Reporting Being
Exposed to Secondhand
Smoke (overall)
Adults Who Think
Smoking Should Never be
Allowed in the Workplace
Source National Adult Tobacco Survey 2009-2010
Opinions about Smoking in the Workplace
In 2009-2010 778 of adults in North Dakota thought that smoking should never be allowed in indoor workplaces ranking 30 among the states
303
180 81 150 324 Source National Adult Tobacco Survey 2009-201 0
Smoke-Free Home Rules
In 2009-2010 836 of adults in North Dakota reported that their homes had smoke-free home rules ranking 18 among the states The percentage of homes without smoke-free home rules with children living in them was 284 ranking 11 among the states
Smoke-Free Home Rules and Homes without Rules that have Children
c Ql v Ql a
100
bull National
SmokemiddotFree Home
Rules
bull North Dakota
Homes without Rules
that have Children
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA State Smoke-Free Policy
As ofJune 30 2012 North Dakota had a smokeshyfree law that prohibits smoking in indoor areas of workplaces but not restaurants or bars The state allowed communities to enact local smoke-free laws
Note See Appendix B for updated legislation rhar rakes effect afrer June 30 2012
Offer
Adults Who Made a Quit Attempt in the Last Year
During 2009-2010 552 of North Dakota adult smokers made a quit attempt in the past year ranking 22d among the states
National
Percentage of Smokers Attempting to Quit
WORSE
In North Dakota
552 of adults made a quit attempt
ranking 22d
Source National Adult Tobacco Survey 2009-2010
Quitline Utilization
In 2010 the North Dakota quidine received 7478
calls and 1 342 tobacco users (an estimated 12 of all tobacco users in the state) received telephone counseling cessation medications or both from the state qui dine
Smoke-Free Legislation
I I Local Laws Workplaces Restaurants l Bars Permitted
Yes
I I
No No Yes Designated Smoking Areas t Ventilated Smoking Areas
bull Allowed for nonshyhospitality workplaces
1 Prohibited ror nonshyhospitJiity workplaces
t No Restrictions Allowed smoking in venues that prohibit minors
Note Not all footnotes may be used Source STATE System June 2012
304
Medicaid Coverage for Counseling and Medications
In 2010 North Dakotas Medicaid program provided incomplete coverage through Medicaid for tobaccoshydependence treatment North Dakota provided full coverage for some nicotine replacement therapies full coverage for varenicline full coverage for bupropion and no coverage for counseling (individual or group)
Medicaid Coverage for Counseling and Medications
Comprehensive Coverage
No
I Counseling NRT
Ms (On
1e or 1 Varenicline Jl Bupropion (Individual
ore andor Group)
Yes Yes Yes No
Pregnant women only t Fee-for-service only
Available only via the quitline
Note Not all footnotes may be used Source Halpinet a 2011
NORTH DAKOTA
Warn
Tobacco Counter-Marketing Media Intensity
CDC Best Practices recommendations translate into an average quarterly exposure of 1200 general audience gross raring points (GRPs) and 800 youth target raring points (TRPs) in effective anti-tobacco media campaigns North Dakota had an average of 10356 general audience GRPs and 1436 youth TRPs per quarter in television advertising supporting tobacco control messages in 2010
Anti-Tobacco Media Campaign Intensity G RPs Per Quarter
National
Median
2427 GRPs
General Audience
WORSE
North Dakota
Average 10356
GRPs (101h)
Source CDCOSH
Anti-Tobacco Media Campaign Intensity T RPs Per Quarter
National
Median
3 97TRPs
Youth (12-17Years)
WORSE
North
Dakota Average 1436 TRPs (13h)
Source CDCOSH
305
Knowledge of the Dangers of Tobacco
In North Dakota 657 of adults thought that breathing smoke from other peoples cigarettes or other tobacco products is very harmful to ones health in 2009-2010 Additionally 832 thought that cigarette smoking is very addictive
Secondhand Smoke
National
Average
656
WORSE
In North Dakota 657 of adults thought
__ secondhand smoke is very harmful The range
across all states was 721 to 559 North
Dakota ranked 17h
among the states
Source National Adult Tobacco Survey 2009-2010
Addictiveness of Smoking
National
Average
854
WORSE
In North Dakota 832 of adults thought that
smoking is very addictive The range across all states was
905 to 806 North __ Dakota ranked 45h among the states
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA
Enforce
State Allows Local Advertising and Promotion Laws State Allows Local Laws
As ofJune 30 2012 North Dakota allowed local regulation of tobacco industry promotions tobacco product sampling and display of tobacco products in commercial establishments
Promotion t Sampling I Display
Yes Yes Yes Source STATE System June 2012
Over-the-Counter Retail Licensure
As of June 30 2012 North Dakota required all establishments selling cigarettes and smokeless tobacco products over-the-counter to be licensed Nationally 37
states required over-the-counter licensure for cigarettes 29 of which also have a requirement for smokeless tobacco with various renewal frequencies fees and penalties for violations
Over-the-Counter Licensure and Penalties
Over-the- Minimum I Renewal I Penalty to Licensure Counter License License Fee Required I Business Includes _ Rqired _ _ (amp Frequelcy) _ Sruo_kes Toacc
$1500
Yes Yes
bull Annually Note Not all footnotes may be used bull Class A Misdemeanor Fine or Imprisonment or both Source STATE System June 2012
306
NORTH DAKOTA
Raise
Amount of Tobacco Product Excise Tax
As of June 302012 the excise tax on cigarettes in North Dakora was $044 per pack ranking 46h among the states The tax on cigars was 28 of the wholesale purchase price per cigar and for little cigars the tax was 28 of the wholesale purchase price per pack of 20 The tax on chewing tobacco was $0 I 6 per ounce with snuff taxed at $060 per ounce
Amount of Cigarette Excise Tax
National
Median
$1339
WORSE
As of June 30 2012
North Dakota had a
$044 cigarette excise tax-ranking 461h
among the states The range across states was
$435 to $017 per pack
Source STATE System June 2012
307
Price Paid for Last Cigarettes Purchased
In North Dakota 656 of adult smokers bought their last cigarettes by the pack and 344 bought them by the carton in 2009-2010 The average price that North Dakota smokers reported paying for their last pack of cigarettes was $433 in 2009-201 0 the range among states was $798 to $404 The average price that North Dakota smokers reponed paying for their last carton of cigarettes was $3561 in 2009-2010 the range among 45
states with valid data was $6445 to $3046
CAMPAIGN ov ToBACco-fREE
Kirk-middot
bull
ancer Action jii
N EW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVI NGS FROM A $100 CIGARETTE TAX I N C REASE I N NORTH DAKOTA
Cu rrent state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $1 048 per pack
Annual health care expenditu res in North Dakota directly caused by tobacco use $247 m illion S mokin g-caused state Med icaid program spending each year $47 mi l l ion
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $325 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase Percent decrease in youth smoking 154
-- -- -------------------------------------
Kids in North Dakota kept from becoming addicted adult smokers 6300 ------------------ --------------------------------------------------------------------------------
Current adult smokers in the state who would quit 5200 -----------------------------------------------------------------
Smoking-affected births avoided over next five years 900 -- -- --------
North Dakota residents saved from premature smoking-caused death 3400 ----middot-------------------- ------------------------------------------- middot --
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000 ------------ -----------------------------------
5- Year health care cost savings from fewer smoking-affected pregnancies amp births $213 mil l ion f-------------------------------------------------------------------------------------------------------------------------5- Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 mil l ion r------------------------------------------------------------------------------------------------------5- Year Medicaid program savings for the state $240000 ------------------------------------------------------------------------------------------------------- -----------
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 mil l ion 122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly diminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new reven ues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider all aspects of state tax pol icy related to OTPs (incl uding the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category linked to the state cigarette tax rate on a per-package or pe r-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoliciesltaxlus state local and httpwwwacscanorqltobaccopolicv
For more on sources and calculations see httpllwwwtobaccofreekidsorgresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Explanations amp Notes
Health care costs l isted at the top of the page are from the US Centers for Disease Control and Prevention
Projections a re based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the higher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggling and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion httptobaccofreekidsorgresearchfactsh eetspdf0274pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate i ncrease All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are limited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also limited because small tax i ncreases are unl ikely to produce significant public health benefits
Ongoing reductions in state smoking rates wil l over time gradually erode state cigarette tax revenues (in the absence of any new rate increases) But those declines are more predictable and less volatile than many other state revenue sources such as state income tax or corporate tax revenues (which can drop sharply during recessions) In addition the smoking declines that reduce tobacco tax revenues will simultaneously produce much larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdf0357pdf
For more on sources and calculations see httplwww tobaccofreekidsorqresearchlfactsheetslpdf028 1pdf
Needed State Efforts to P rotect State Tobacco Tax Revenues
Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qual ifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on all tobacco products to block tax evasion and promote tax equity No
High-tech tax stamps to stop counterfeiting and other smuggling and tax evasion No
Retailers lose license if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
North Dakota Tobacco Prevention and Control Executive Comm ittee
Center for Tobacco Prevention and Control Policy 4023 State Street Suite 65 bull Bismarck N D 58503-0638
Phone 70 1 328 5 1 30 middot Fax 701 328 5 1 35 middot Tol l Free 1 877277 5090
Testimony House Bil l 1 387
1 0 00 am Jan uary 29 20 1 3 House F inance and Taxation Comm ittee
Good morning Chairman Belter and members of the House Finance and Tax Committee I am Jeanne Prom executive director of the N D Center for Tobacco Prevention and Control Policy
I ncreasing the tobacco tax sig nificantly wil l lead to a decrease in tobacco use in our state Tobacco use is the leading cause of preventable disease and death and the tol l of tobacco u se in North Dakota is hig h
bull An n ual health care costs in North Dakota directly caused by smoking $247 mil l ion bull Portion paid by the state Medicaid prog ram annually $47 mil l ion bull N u mber of North Dakota adu lts who will die from smoking this year 800 bull High school students who smoke 7 400 (1 94) bull Male hig h school students who use smokeless or spit tobacco 22 2 bull Kids u nder 1 8 who become new daily smokers each year 600
The North Dakota Tobacco Prevention and Control Advisory Committee in its plan Saving Lives - Saving Money North Dakota s Comprehensive State Plan to Prevent and Control Tobacco Use cal ls for a sig nificant increase in al l tobacco taxes - to $2pack - to keep kids from starting and prompt users to quit As you can see on the attachments North Dakotas tobacco tax is one of the lowest in the country at 44 centspack This tax hasnt been increased since 1 993 The low tax resu lts in inexpensive tobacco that is affordable to youth and populations with l imited incomes and high smoking rates High tobacco taxes work most effectively to cut use among lower-income smokers and young male smokeless tobacco users - two g roups that suffer disproportionately from the harms of tobacco use
Tobacco use and its health hazards are completely preventable Raising the tobacco tax to $2pack with a comparable tax amou nt on other tobacco products can be expected to
bull Decrease youth smoking by 24 bull Reduce the number of kids from becoming addicted adult smokers by 9 900 bull Reduce the n umber of adults in the state who smoke by 8 200 bull Save the state mil l ions of dol lars in smoking-related health care costs over j ust 5 years
Please consider H B 1 387 with amendments to i ncrease the tobacco tax to $2pack with a comparable tax increase on al l other tobacco products
Thank you for your time and consideration I am happy to respond to any questions
The To bacco i n N o rth Da kota Updated Dec 5 2012
The Tol l of Tobacco in North Dakota
High school students who 1 94 (7400)
smoke middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot
Male high school stuents who 222
S SrlkS r Pt
t
Kids (under 1 8) who become 600
-middot- -IY S- X
Kids exposed to secondhand 42000
smoke at home Packs of cigarettes bought or
1 9 m il l ion lt9 Y i
------ Xr
Adu lts in North Dakota who smoke
21 9 ( 1 1 6 600)
Due to changes in CDCs methodology the 20 1 1 adult smoking rate cannot be
compared to adult smoking data from previous years
US National Data (201 1 )
i- -ltl flin
rt
Male h igh school students who 1 28
use smokeless tobacco
- n9 1 g(
Deaths i n North Da kota from Sm oking
Adults who die each year from th
k 800
e1r own smo mg
Kids now under 1 8 and alive in North Dakota who will ultimately 1 1 000 die prematurely from smoking
Smoking kil ls more people than alcohol AIDS car crashes i l legal drugs murders and suiCides combined - and thousands more die from other tobacco-related
causes - such as fires caused by smoking (more than 1 000 deathsyear nationwidr d smokeless tobacco use
Sm oking-Caused Monetary Costs in North Dakota
Annual health care costs in North Dakota directly caused by$247 m i ll ion
ltn
Portion covered by the state $47 m il l ion
-ii P9--
Residents state amp federal tax burden from srnoking-caused $574 per house hold
V-nt Pn i_
t
r
Smoking-caused productivity $ 1 92 m i l l ion
losses in North Dakota
Amounts do not include health costs caused by exposure to secondhand smoke smoking-caused fires smokeless tobacco use or cigar and pipe smoking Tobacco vse also imposes additional costs such as workplace productivity losses and damage to property
Tobacco Industry I nflue nce in North Dakota
Annual tobacco industry marketing expenditures nationwide
$85 bil l ion
Estimated portion spent for North Dakota marketing each $257 m il l ion
year
Published research studies have found that kids are twice as sensitive to tobacco advertising than adults and are more l ikely to be influenced to smoke by cigarette marketing than by peer pressure One-third of underage experimentation with smoking is attributable to tobacco company advertising
View sources of information
More detailed fact sheets on tobaccos toll in each state are avai lable by emailing factsheetstobaccofreekids org
CAMPAIGN middot ov
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Guam $300 No Marianas Islands $1 75
MAP OF STATE CIGARETTE TAX RATES
Average State Cigarette Tax $1 48 per Pack
Average Cigarette Tax in M ajor Tobacco States 485 cents per Pack
Average Cigarette Tax in N on-Tobacco States $1 61 per Pack
TX $1 41
gt
$320 Puerto Rico $223
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate since 1 999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $ 1 00 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or h igher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages l i sted above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The major tobacco states with extensive tobacco farming and often cigarette manufacturin g are NC KY VA SC TN amp GA Federal cigarette tax is $1 01 per pack Not shown are the special taxes or fee s some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local g overnments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) N ew York City ($1 50) and Anchorage AK ($2206) The U S Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $ 1 047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn
For m o re information on state cigarette taxes and the benefits from increasing them see httpwwwtobaccofreekidsorgfacts issuesfact s h eetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1 400 I Street NW middot Suite 1 200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekid sorg
State Tax
Alabama $0425 Alaska $200 Arizona $200 Arkansas $1 1 5 California $087 Colorado $084 Connecticut $340 Delaware $1 60 DC $250 Florida $1 339 Georgia $037 Hawai i $320 Idaho $057 I l l inois $1 98
Indiana $0995 Iowa $ 1 36 Kansas $079 Kentucky $060
STATE CIGARETTE EXCISE TAX RATES amp RANKINGS
Overal l All States Average $1 48 per pack
Major Tobacco States Average 485 cents per pack Other States Average $1 61 per pack
Rank State Tax Rank State
47th Louisiana $036 49th Oklahoma 1 1 th Maine $200 1 1 th Oregon 1 1 th Maryland $200 1 1 th Pennsylvania 30th Massachusetts $251 9th Rhode Island 33rd Michigan $200 1 1 th South Carolina 34th Minnesota $1 23 28th South Dakota 3rd Mississippi $068 37th Tennessee
2 1 st Missouri $0 1 7 5 1 st Texas 1 0th Montana $1 70 1 7th Utah 26th Nebraska $064 38th Vermont 48th Nevada $080 35th Virginia 4th New Hampshire $ 1 68 1 9th Washington
42nd New Jersey $270 6th West Virgin ia 1 6th New Mexico $1 66 20th Wisconsin
32nd New York $435 1 st Wyoming 25th North Carolina $045 45th Puerto Rico 36th North Dakota $044 46th G uam 40th Ohio $ 1 25 27th Northern Marianas
Tax stamp Includes 75cent health 1mpact fee
Tax Rank
$1 03 3 1 st $1 1 8 29th $1 60 2 1 st $350 2nd $057 42nd $ 1 53 23rd $062 39th $1 41 24th $1 70 1 7th $262 7th $0 30 50th
$3025 5th $055 44th $2 52 8th $060 40th $223 NA $300 NA $1 75 NA
Table shows al l cigarette tax rates in effect now Since 2002 47 states DC and several US territories have increased their cigarette tax rates more than 1 05 times The three states in bold type have not increased their cigarette tax since 1 999 or earlier Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $1 00 per pack or higher 14 states DC and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $4 00 per pack Tobacco states are KY VA NC SC GA and TN States average includes DC but not Puerto Rico other U S territories or local cigarette taxes The median tax rate is $1 34 per pack AK M l MN MS UT also have special taxes or fees on brands of manufacturers not participating in the state tobacco lawsuit settlements (NPMs)
The highest combined state-local tax rate is $585 in New York City with Chicago IL second at $566 per pack Other high state-local rates include Evanston IL at $548 and Anchorage AK at $4206 per pack For more on local cigarette taxes see httptobaccofreekids orgresearchfactsheetspdf0267 pdf
Federal cigarette tax is $1 01 per pack From the beginning of 1 998 through 2002 the m ajor cigarette companies increased the prices they charge by more than $1 25 per pack (but also instituted aggressive retail-level discounting for competitive pu rposes and to reduce related consumption declines) In January 2003 Philip Morris instituted a 65-cent per pack price cut for four of its major brands to replace its retail-level discounting and fight sales losses to discount brands and R J Reynolds followed suit In the last several years the major cigarette companies have increased their product prices by almost $ 1 00 per pack The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs total $1047 per pack sold and consumed in the US The average price for a pack of cigarettes nationwide is roughly $600 (including statewide sales taxes but not local cigarette or sales taxes other than NYCs $1 50 per pack cigarette tax) with considerable state-to-state differences because of d ifferent state tax rates and different manufacturer wholesaler and retailer pricing and discounting practices AK DE MT NH amp OR have no state retai l sales tax at al l OK has a state sales tax but does not apply it to cigarettes MN amp DC apply a per-pack sales tax at the wholesale level and AL GA amp MO (unl ike the rest of the states) do not apply their state sales tax to that portion of retai l cigarette prices that represents the states cigarette excise tax
Campaign for Tobacco-Free Kids December 13 2012 I Ann Boonn
For additional i nformation see the Cam paigns website at httplwwwtobaccofreekidsorgwhat we dostate localtaxes
Sources Orzechowski amp Walker Tax Burden on Tobacco 201 1 media reports state revenue department websites
middot Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change ih the actual excise tax rates just the way that the rates are listed
1 400 I Street NW - Suite 1 200 - Washington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
CAMPAIGN kJI TOigtAltpound0-fRpoundpound
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NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $156 CIGARETTE TAX INCREASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $ 1 048 per pack
Annual health care expend itures in North Dakota directly caused by tobacco use $247 m ill ion Smoking-caused state Med icaid program spending each year $47 m il lion
New Annual Revenue from Increasing the Cigarette Tax Rate by $156 Per Pack $4109 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate I nc rease
Percent decrease in youth smoking 240 Kids in North Dakota kept from becoming addicted adult smokers 9900 Current adult smokers in the state who would quit 800 Smoking-affected births avoided over next five years 1 500 North Dakota residents saved from premature smoking-caused death 5400 5-Year health care cost savings from fewer smoking-caused lung cancer cases $1 26 million
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $333 mill ion
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $233 mill ion
5-Year Medicaid program savings for the state $380000 Long-term health care cost savings in the state from adult amp youth smoking declines $35066 mil l ion
122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years wi l l similarly diminish or el iminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider al l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $2 00 per pack cigarette tax the states new OTP tax rate should be at least 60 of the wholesale price with m inimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoiciesltaxlus state local and httpllwwwacscanorqltobaccopoicy
For m ore on sources and calculations see httpllwwwtobaccofreekidsorglresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer A ction Network Melissa Maitin-Shepard
Explanations amp Notes Health care costs l isted at the top of the page are from the US Centers for Disease Control and P revention
Projections are based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the h igher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggl ing and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion http 1tobaccofreekids orgresearchfactsheetspdf027 4 pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate increase All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are l imited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also l imited because small tax increases are unl ikely to produce significant public health benefits
Ongoing red uctions in state smoking rates will over time gradually erode state cigarette tax revenues (in the absence of any new rate i ncreases) But those declines are more predictable and less volatile than many other state revenue sources such as state i ncome tax or corporate tax revenues (which can drop sharply during recessions) I n addition the smoking declines that reduce tobacco tax revenues will sim ultaneously produce m uch larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdfl0357 pdf
For more on sources and calculations see httpllwww tobaccofreekidsorqlresearchlfactsheetspdf0281 pdf
Needed State Efforts to Protect State Tobacco Tax Revenues Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qualifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on al l tobacco products to block tax evasion and promote tax equity No
H ig h-tech tax stamps to stop counterfeiting and other smuggl ing and tax evasion No
Retailers lose l icense if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
Testimony of Bill Shalhoob
Greater North Dakota Chamber of Commerce HB 1 3 87
January 29 20 1 3
Greater North Dakota Chamber
Mr Chairman and members of the committee My name is Bill Shalhoob and I am here today representing the Greater North Dakota Chamber of Commerce the champions for business in North Dakota GNDC is working to build the strongest business environment possible through its more than 1 1 00 business members as well as partnerships and coalitions with local chambers of commerce from across the state GNDC also represents the National Association of
Manufacturers and works closely with the US Chamber of Commerce As a group we stand in opposition to HB 1d urge a do not pass from your committee on the bill
nn GNDC has a long history of opposing excise taxes which we believe are onerous and unfair
We have a difficult time understanding this bill and the tax increase from 1 7 mills to 45 mills a
1 65 raise according to our math proposed in it North Dakota certainly does not need the
additional revenue that might come from this tax increase Our focus in this session is on tax decreases not increases If we are trying to do social engineering that is to discourage the practice the tax code is a poor place to do it If the goal is to eliminate smoking introduce a bil l prohibiting the sale or use of tobacco products in the state As witnessed by our experience with Minnesota increasing their cigarette tax with a health fee all we do is drive sales to a lower priced location by passing this bil l We see no acceptable reason to enact this tax
Thank you for the opportunity to appear before you today in opposition to HB 1 3 87 I would be happy to answer any questions
Champions Business
PO Box 2639 P 701middot222-0929 Bismarck NO 58502 F 701-222-1611
wwwndcharnbercorn
w - -I --------
North Dakota Retai l Association NO Petroleum Marketers Association
North Dakota Propane Gas Association
---- LEG S LAT VE BU LLET N Testimony- HB 1387
January 29 2013- House Finance and Tax Committee
Chairman Belter and Members of the House Finance and Tax Committee
We know any type of tax tends to put the squeeze on consumer spending potentially strain
household budgets and curb retail sales Which is exactly why the North Dakota Petroleum
Marketers Association and its 400 members from across the state are asking you to vote
NO on HB 1387
Passage of HB 1387 will burden North Dakotas lower Income Earners Cigarette
excise taxes are regressive in nature B ased on data from the Center for
Disease Control roughly 30 of adults in North Dakota who earn less than
$ 15000 are smokers whereas only 160 of adults who earn $50000 or
more are smokers Raising taxes will further unfairly burden low-income
earners
Passage of HB 1387 will harm the retail sector as well
Increasing the excise tax could hurt legitimate retailers when
adult smokers shift purchases to other outlets such as the internet This
would negatively affect North Dakota s 1 300 retailers
Even more pressing is the fear Passage of HB 1387 could increase illegal cigarette trafficking
An excise tax increase could provide incentives for smuggling and other
contraband activities resulting in lost revenues According to the Bureau of
1 02 5 North 3rd Street bull PO Box 1 9 5 6 bull Bismarck NO 58502 bull 701 -223-3370 bull Fax 7 0 1 -223-5004 Web Address ndretailorg bull ndpetroleumorg bull ndpropaneorg
Alcohol Tobacco Firearms and Explosives cigarette smuggling has
turned into a lucrative business for criminals who trade cigarettes and other
tobacco products on the black market Nationally its estimated $5 billion in
tax revenue annually is lost on the black market
For all of these reasons NDPMA is asking for a NO vote on HB 1387
Thank you for your time and consideration
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote
NORTH DAKOTA Past-Year Cigarette Initiation
In 2008-2009 of all North Dakota youth ages 12-17
who had never smoked 66 smoked a cigarette for the first time in the past year This ranked 37 in the nation with a range of 33-92 among the states
Of all young adults ages 18-25 who had never smoked 147 smoked a cigarette for the first time in 2008-
2009 This ranked 51 in the nation with a range of 42-147 among the states
Past-Year Cigarette Initiates among Persons Aged 12-25 by Age of First Use 2002-2009
ltfJ c Ql v Ql c
25
20
15
10
5
0
__ Total Initiates -11- Initiates aged 12-17 --+-- Initiates aged 1 8-25
2002-2003 2004-2005 2006-2007 2008-2009
Year Source National Survey on Drug Use and Health 2002-2009
302
NORTH DAKOTA
Protect
Adult Exposure to Secondhand Smoke
Among all adults the percentage who reported being exposed to secondhand smoke within the past 7 days was lower in North Dakota than
Exposure to Secondhand Smoke
in the nation overall In 2009-2010 overall exposure to secondhand smoke in North Dakota was 450 ranking 1 8 among the states
I I I I Overall Workplaces i Homes 1 Vehicles Public Places I I
450
Adults were exposed to secondhand smoke in various locations The table shows the percentage of North Dakota adults who reported any exposure as well as exposure in their home in a vehicle or in indoor or outdoor areas at work or public places in the past 7 days
c Ql
100
Secondhand Smoke Exposure and Opinions about Smoking
in the Workplace bull National bull North Dakota
80
60 Ql a
Adults Reporting Being
Exposed to Secondhand
Smoke (overall)
Adults Who Think
Smoking Should Never be
Allowed in the Workplace
Source National Adult Tobacco Survey 2009-2010
Opinions about Smoking in the Workplace
In 2009-2010 778 of adults in North Dakota thought that smoking should never be allowed in indoor workplaces ranking 30 among the states
303
180 81 150 324 Source National Adult Tobacco Survey 2009-201 0
Smoke-Free Home Rules
In 2009-2010 836 of adults in North Dakota reported that their homes had smoke-free home rules ranking 18 among the states The percentage of homes without smoke-free home rules with children living in them was 284 ranking 11 among the states
Smoke-Free Home Rules and Homes without Rules that have Children
c Ql v Ql a
100
bull National
SmokemiddotFree Home
Rules
bull North Dakota
Homes without Rules
that have Children
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA State Smoke-Free Policy
As ofJune 30 2012 North Dakota had a smokeshyfree law that prohibits smoking in indoor areas of workplaces but not restaurants or bars The state allowed communities to enact local smoke-free laws
Note See Appendix B for updated legislation rhar rakes effect afrer June 30 2012
Offer
Adults Who Made a Quit Attempt in the Last Year
During 2009-2010 552 of North Dakota adult smokers made a quit attempt in the past year ranking 22d among the states
National
Percentage of Smokers Attempting to Quit
WORSE
In North Dakota
552 of adults made a quit attempt
ranking 22d
Source National Adult Tobacco Survey 2009-2010
Quitline Utilization
In 2010 the North Dakota quidine received 7478
calls and 1 342 tobacco users (an estimated 12 of all tobacco users in the state) received telephone counseling cessation medications or both from the state qui dine
Smoke-Free Legislation
I I Local Laws Workplaces Restaurants l Bars Permitted
Yes
I I
No No Yes Designated Smoking Areas t Ventilated Smoking Areas
bull Allowed for nonshyhospitality workplaces
1 Prohibited ror nonshyhospitJiity workplaces
t No Restrictions Allowed smoking in venues that prohibit minors
Note Not all footnotes may be used Source STATE System June 2012
304
Medicaid Coverage for Counseling and Medications
In 2010 North Dakotas Medicaid program provided incomplete coverage through Medicaid for tobaccoshydependence treatment North Dakota provided full coverage for some nicotine replacement therapies full coverage for varenicline full coverage for bupropion and no coverage for counseling (individual or group)
Medicaid Coverage for Counseling and Medications
Comprehensive Coverage
No
I Counseling NRT
Ms (On
1e or 1 Varenicline Jl Bupropion (Individual
ore andor Group)
Yes Yes Yes No
Pregnant women only t Fee-for-service only
Available only via the quitline
Note Not all footnotes may be used Source Halpinet a 2011
NORTH DAKOTA
Warn
Tobacco Counter-Marketing Media Intensity
CDC Best Practices recommendations translate into an average quarterly exposure of 1200 general audience gross raring points (GRPs) and 800 youth target raring points (TRPs) in effective anti-tobacco media campaigns North Dakota had an average of 10356 general audience GRPs and 1436 youth TRPs per quarter in television advertising supporting tobacco control messages in 2010
Anti-Tobacco Media Campaign Intensity G RPs Per Quarter
National
Median
2427 GRPs
General Audience
WORSE
North Dakota
Average 10356
GRPs (101h)
Source CDCOSH
Anti-Tobacco Media Campaign Intensity T RPs Per Quarter
National
Median
3 97TRPs
Youth (12-17Years)
WORSE
North
Dakota Average 1436 TRPs (13h)
Source CDCOSH
305
Knowledge of the Dangers of Tobacco
In North Dakota 657 of adults thought that breathing smoke from other peoples cigarettes or other tobacco products is very harmful to ones health in 2009-2010 Additionally 832 thought that cigarette smoking is very addictive
Secondhand Smoke
National
Average
656
WORSE
In North Dakota 657 of adults thought
__ secondhand smoke is very harmful The range
across all states was 721 to 559 North
Dakota ranked 17h
among the states
Source National Adult Tobacco Survey 2009-2010
Addictiveness of Smoking
National
Average
854
WORSE
In North Dakota 832 of adults thought that
smoking is very addictive The range across all states was
905 to 806 North __ Dakota ranked 45h among the states
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA
Enforce
State Allows Local Advertising and Promotion Laws State Allows Local Laws
As ofJune 30 2012 North Dakota allowed local regulation of tobacco industry promotions tobacco product sampling and display of tobacco products in commercial establishments
Promotion t Sampling I Display
Yes Yes Yes Source STATE System June 2012
Over-the-Counter Retail Licensure
As of June 30 2012 North Dakota required all establishments selling cigarettes and smokeless tobacco products over-the-counter to be licensed Nationally 37
states required over-the-counter licensure for cigarettes 29 of which also have a requirement for smokeless tobacco with various renewal frequencies fees and penalties for violations
Over-the-Counter Licensure and Penalties
Over-the- Minimum I Renewal I Penalty to Licensure Counter License License Fee Required I Business Includes _ Rqired _ _ (amp Frequelcy) _ Sruo_kes Toacc
$1500
Yes Yes
bull Annually Note Not all footnotes may be used bull Class A Misdemeanor Fine or Imprisonment or both Source STATE System June 2012
306
NORTH DAKOTA
Raise
Amount of Tobacco Product Excise Tax
As of June 302012 the excise tax on cigarettes in North Dakora was $044 per pack ranking 46h among the states The tax on cigars was 28 of the wholesale purchase price per cigar and for little cigars the tax was 28 of the wholesale purchase price per pack of 20 The tax on chewing tobacco was $0 I 6 per ounce with snuff taxed at $060 per ounce
Amount of Cigarette Excise Tax
National
Median
$1339
WORSE
As of June 30 2012
North Dakota had a
$044 cigarette excise tax-ranking 461h
among the states The range across states was
$435 to $017 per pack
Source STATE System June 2012
307
Price Paid for Last Cigarettes Purchased
In North Dakota 656 of adult smokers bought their last cigarettes by the pack and 344 bought them by the carton in 2009-2010 The average price that North Dakota smokers reported paying for their last pack of cigarettes was $433 in 2009-201 0 the range among states was $798 to $404 The average price that North Dakota smokers reponed paying for their last carton of cigarettes was $3561 in 2009-2010 the range among 45
states with valid data was $6445 to $3046
CAMPAIGN ov ToBACco-fREE
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N EW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVI NGS FROM A $100 CIGARETTE TAX I N C REASE I N NORTH DAKOTA
Cu rrent state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $1 048 per pack
Annual health care expenditu res in North Dakota directly caused by tobacco use $247 m illion S mokin g-caused state Med icaid program spending each year $47 mi l l ion
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $325 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase Percent decrease in youth smoking 154
-- -- -------------------------------------
Kids in North Dakota kept from becoming addicted adult smokers 6300 ------------------ --------------------------------------------------------------------------------
Current adult smokers in the state who would quit 5200 -----------------------------------------------------------------
Smoking-affected births avoided over next five years 900 -- -- --------
North Dakota residents saved from premature smoking-caused death 3400 ----middot-------------------- ------------------------------------------- middot --
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000 ------------ -----------------------------------
5- Year health care cost savings from fewer smoking-affected pregnancies amp births $213 mil l ion f-------------------------------------------------------------------------------------------------------------------------5- Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 mil l ion r------------------------------------------------------------------------------------------------------5- Year Medicaid program savings for the state $240000 ------------------------------------------------------------------------------------------------------- -----------
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 mil l ion 122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly diminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new reven ues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider all aspects of state tax pol icy related to OTPs (incl uding the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category linked to the state cigarette tax rate on a per-package or pe r-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoliciesltaxlus state local and httpwwwacscanorqltobaccopolicv
For more on sources and calculations see httpllwwwtobaccofreekidsorgresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Explanations amp Notes
Health care costs l isted at the top of the page are from the US Centers for Disease Control and Prevention
Projections a re based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the higher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggling and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion httptobaccofreekidsorgresearchfactsh eetspdf0274pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate i ncrease All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are limited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also limited because small tax i ncreases are unl ikely to produce significant public health benefits
Ongoing reductions in state smoking rates wil l over time gradually erode state cigarette tax revenues (in the absence of any new rate increases) But those declines are more predictable and less volatile than many other state revenue sources such as state income tax or corporate tax revenues (which can drop sharply during recessions) In addition the smoking declines that reduce tobacco tax revenues will simultaneously produce much larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdf0357pdf
For more on sources and calculations see httplwww tobaccofreekidsorqresearchlfactsheetslpdf028 1pdf
Needed State Efforts to P rotect State Tobacco Tax Revenues
Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qual ifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on all tobacco products to block tax evasion and promote tax equity No
High-tech tax stamps to stop counterfeiting and other smuggling and tax evasion No
Retailers lose license if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
North Dakota Tobacco Prevention and Control Executive Comm ittee
Center for Tobacco Prevention and Control Policy 4023 State Street Suite 65 bull Bismarck N D 58503-0638
Phone 70 1 328 5 1 30 middot Fax 701 328 5 1 35 middot Tol l Free 1 877277 5090
Testimony House Bil l 1 387
1 0 00 am Jan uary 29 20 1 3 House F inance and Taxation Comm ittee
Good morning Chairman Belter and members of the House Finance and Tax Committee I am Jeanne Prom executive director of the N D Center for Tobacco Prevention and Control Policy
I ncreasing the tobacco tax sig nificantly wil l lead to a decrease in tobacco use in our state Tobacco use is the leading cause of preventable disease and death and the tol l of tobacco u se in North Dakota is hig h
bull An n ual health care costs in North Dakota directly caused by smoking $247 mil l ion bull Portion paid by the state Medicaid prog ram annually $47 mil l ion bull N u mber of North Dakota adu lts who will die from smoking this year 800 bull High school students who smoke 7 400 (1 94) bull Male hig h school students who use smokeless or spit tobacco 22 2 bull Kids u nder 1 8 who become new daily smokers each year 600
The North Dakota Tobacco Prevention and Control Advisory Committee in its plan Saving Lives - Saving Money North Dakota s Comprehensive State Plan to Prevent and Control Tobacco Use cal ls for a sig nificant increase in al l tobacco taxes - to $2pack - to keep kids from starting and prompt users to quit As you can see on the attachments North Dakotas tobacco tax is one of the lowest in the country at 44 centspack This tax hasnt been increased since 1 993 The low tax resu lts in inexpensive tobacco that is affordable to youth and populations with l imited incomes and high smoking rates High tobacco taxes work most effectively to cut use among lower-income smokers and young male smokeless tobacco users - two g roups that suffer disproportionately from the harms of tobacco use
Tobacco use and its health hazards are completely preventable Raising the tobacco tax to $2pack with a comparable tax amou nt on other tobacco products can be expected to
bull Decrease youth smoking by 24 bull Reduce the number of kids from becoming addicted adult smokers by 9 900 bull Reduce the n umber of adults in the state who smoke by 8 200 bull Save the state mil l ions of dol lars in smoking-related health care costs over j ust 5 years
Please consider H B 1 387 with amendments to i ncrease the tobacco tax to $2pack with a comparable tax increase on al l other tobacco products
Thank you for your time and consideration I am happy to respond to any questions
The To bacco i n N o rth Da kota Updated Dec 5 2012
The Tol l of Tobacco in North Dakota
High school students who 1 94 (7400)
smoke middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot
Male high school stuents who 222
S SrlkS r Pt
t
Kids (under 1 8) who become 600
-middot- -IY S- X
Kids exposed to secondhand 42000
smoke at home Packs of cigarettes bought or
1 9 m il l ion lt9 Y i
------ Xr
Adu lts in North Dakota who smoke
21 9 ( 1 1 6 600)
Due to changes in CDCs methodology the 20 1 1 adult smoking rate cannot be
compared to adult smoking data from previous years
US National Data (201 1 )
i- -ltl flin
rt
Male h igh school students who 1 28
use smokeless tobacco
- n9 1 g(
Deaths i n North Da kota from Sm oking
Adults who die each year from th
k 800
e1r own smo mg
Kids now under 1 8 and alive in North Dakota who will ultimately 1 1 000 die prematurely from smoking
Smoking kil ls more people than alcohol AIDS car crashes i l legal drugs murders and suiCides combined - and thousands more die from other tobacco-related
causes - such as fires caused by smoking (more than 1 000 deathsyear nationwidr d smokeless tobacco use
Sm oking-Caused Monetary Costs in North Dakota
Annual health care costs in North Dakota directly caused by$247 m i ll ion
ltn
Portion covered by the state $47 m il l ion
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Residents state amp federal tax burden from srnoking-caused $574 per house hold
V-nt Pn i_
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r
Smoking-caused productivity $ 1 92 m i l l ion
losses in North Dakota
Amounts do not include health costs caused by exposure to secondhand smoke smoking-caused fires smokeless tobacco use or cigar and pipe smoking Tobacco vse also imposes additional costs such as workplace productivity losses and damage to property
Tobacco Industry I nflue nce in North Dakota
Annual tobacco industry marketing expenditures nationwide
$85 bil l ion
Estimated portion spent for North Dakota marketing each $257 m il l ion
year
Published research studies have found that kids are twice as sensitive to tobacco advertising than adults and are more l ikely to be influenced to smoke by cigarette marketing than by peer pressure One-third of underage experimentation with smoking is attributable to tobacco company advertising
View sources of information
More detailed fact sheets on tobaccos toll in each state are avai lable by emailing factsheetstobaccofreekids org
CAMPAIGN middot ov
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Guam $300 No Marianas Islands $1 75
MAP OF STATE CIGARETTE TAX RATES
Average State Cigarette Tax $1 48 per Pack
Average Cigarette Tax in M ajor Tobacco States 485 cents per Pack
Average Cigarette Tax in N on-Tobacco States $1 61 per Pack
TX $1 41
gt
$320 Puerto Rico $223
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate since 1 999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $ 1 00 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or h igher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages l i sted above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The major tobacco states with extensive tobacco farming and often cigarette manufacturin g are NC KY VA SC TN amp GA Federal cigarette tax is $1 01 per pack Not shown are the special taxes or fee s some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local g overnments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) N ew York City ($1 50) and Anchorage AK ($2206) The U S Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $ 1 047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn
For m o re information on state cigarette taxes and the benefits from increasing them see httpwwwtobaccofreekidsorgfacts issuesfact s h eetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1 400 I Street NW middot Suite 1 200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekid sorg
State Tax
Alabama $0425 Alaska $200 Arizona $200 Arkansas $1 1 5 California $087 Colorado $084 Connecticut $340 Delaware $1 60 DC $250 Florida $1 339 Georgia $037 Hawai i $320 Idaho $057 I l l inois $1 98
Indiana $0995 Iowa $ 1 36 Kansas $079 Kentucky $060
STATE CIGARETTE EXCISE TAX RATES amp RANKINGS
Overal l All States Average $1 48 per pack
Major Tobacco States Average 485 cents per pack Other States Average $1 61 per pack
Rank State Tax Rank State
47th Louisiana $036 49th Oklahoma 1 1 th Maine $200 1 1 th Oregon 1 1 th Maryland $200 1 1 th Pennsylvania 30th Massachusetts $251 9th Rhode Island 33rd Michigan $200 1 1 th South Carolina 34th Minnesota $1 23 28th South Dakota 3rd Mississippi $068 37th Tennessee
2 1 st Missouri $0 1 7 5 1 st Texas 1 0th Montana $1 70 1 7th Utah 26th Nebraska $064 38th Vermont 48th Nevada $080 35th Virginia 4th New Hampshire $ 1 68 1 9th Washington
42nd New Jersey $270 6th West Virgin ia 1 6th New Mexico $1 66 20th Wisconsin
32nd New York $435 1 st Wyoming 25th North Carolina $045 45th Puerto Rico 36th North Dakota $044 46th G uam 40th Ohio $ 1 25 27th Northern Marianas
Tax stamp Includes 75cent health 1mpact fee
Tax Rank
$1 03 3 1 st $1 1 8 29th $1 60 2 1 st $350 2nd $057 42nd $ 1 53 23rd $062 39th $1 41 24th $1 70 1 7th $262 7th $0 30 50th
$3025 5th $055 44th $2 52 8th $060 40th $223 NA $300 NA $1 75 NA
Table shows al l cigarette tax rates in effect now Since 2002 47 states DC and several US territories have increased their cigarette tax rates more than 1 05 times The three states in bold type have not increased their cigarette tax since 1 999 or earlier Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $1 00 per pack or higher 14 states DC and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $4 00 per pack Tobacco states are KY VA NC SC GA and TN States average includes DC but not Puerto Rico other U S territories or local cigarette taxes The median tax rate is $1 34 per pack AK M l MN MS UT also have special taxes or fees on brands of manufacturers not participating in the state tobacco lawsuit settlements (NPMs)
The highest combined state-local tax rate is $585 in New York City with Chicago IL second at $566 per pack Other high state-local rates include Evanston IL at $548 and Anchorage AK at $4206 per pack For more on local cigarette taxes see httptobaccofreekids orgresearchfactsheetspdf0267 pdf
Federal cigarette tax is $1 01 per pack From the beginning of 1 998 through 2002 the m ajor cigarette companies increased the prices they charge by more than $1 25 per pack (but also instituted aggressive retail-level discounting for competitive pu rposes and to reduce related consumption declines) In January 2003 Philip Morris instituted a 65-cent per pack price cut for four of its major brands to replace its retail-level discounting and fight sales losses to discount brands and R J Reynolds followed suit In the last several years the major cigarette companies have increased their product prices by almost $ 1 00 per pack The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs total $1047 per pack sold and consumed in the US The average price for a pack of cigarettes nationwide is roughly $600 (including statewide sales taxes but not local cigarette or sales taxes other than NYCs $1 50 per pack cigarette tax) with considerable state-to-state differences because of d ifferent state tax rates and different manufacturer wholesaler and retailer pricing and discounting practices AK DE MT NH amp OR have no state retai l sales tax at al l OK has a state sales tax but does not apply it to cigarettes MN amp DC apply a per-pack sales tax at the wholesale level and AL GA amp MO (unl ike the rest of the states) do not apply their state sales tax to that portion of retai l cigarette prices that represents the states cigarette excise tax
Campaign for Tobacco-Free Kids December 13 2012 I Ann Boonn
For additional i nformation see the Cam paigns website at httplwwwtobaccofreekidsorgwhat we dostate localtaxes
Sources Orzechowski amp Walker Tax Burden on Tobacco 201 1 media reports state revenue department websites
middot Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change ih the actual excise tax rates just the way that the rates are listed
1 400 I Street NW - Suite 1 200 - Washington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
CAMPAIGN kJI TOigtAltpound0-fRpoundpound
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NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $156 CIGARETTE TAX INCREASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $ 1 048 per pack
Annual health care expend itures in North Dakota directly caused by tobacco use $247 m ill ion Smoking-caused state Med icaid program spending each year $47 m il lion
New Annual Revenue from Increasing the Cigarette Tax Rate by $156 Per Pack $4109 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate I nc rease
Percent decrease in youth smoking 240 Kids in North Dakota kept from becoming addicted adult smokers 9900 Current adult smokers in the state who would quit 800 Smoking-affected births avoided over next five years 1 500 North Dakota residents saved from premature smoking-caused death 5400 5-Year health care cost savings from fewer smoking-caused lung cancer cases $1 26 million
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $333 mill ion
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $233 mill ion
5-Year Medicaid program savings for the state $380000 Long-term health care cost savings in the state from adult amp youth smoking declines $35066 mil l ion
122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years wi l l similarly diminish or el iminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider al l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $2 00 per pack cigarette tax the states new OTP tax rate should be at least 60 of the wholesale price with m inimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoiciesltaxlus state local and httpllwwwacscanorqltobaccopoicy
For m ore on sources and calculations see httpllwwwtobaccofreekidsorglresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer A ction Network Melissa Maitin-Shepard
Explanations amp Notes Health care costs l isted at the top of the page are from the US Centers for Disease Control and P revention
Projections are based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the h igher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggl ing and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion http 1tobaccofreekids orgresearchfactsheetspdf027 4 pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate increase All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are l imited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also l imited because small tax increases are unl ikely to produce significant public health benefits
Ongoing red uctions in state smoking rates will over time gradually erode state cigarette tax revenues (in the absence of any new rate i ncreases) But those declines are more predictable and less volatile than many other state revenue sources such as state i ncome tax or corporate tax revenues (which can drop sharply during recessions) I n addition the smoking declines that reduce tobacco tax revenues will sim ultaneously produce m uch larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdfl0357 pdf
For more on sources and calculations see httpllwww tobaccofreekidsorqlresearchlfactsheetspdf0281 pdf
Needed State Efforts to Protect State Tobacco Tax Revenues Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qualifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on al l tobacco products to block tax evasion and promote tax equity No
H ig h-tech tax stamps to stop counterfeiting and other smuggl ing and tax evasion No
Retailers lose l icense if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
Testimony of Bill Shalhoob
Greater North Dakota Chamber of Commerce HB 1 3 87
January 29 20 1 3
Greater North Dakota Chamber
Mr Chairman and members of the committee My name is Bill Shalhoob and I am here today representing the Greater North Dakota Chamber of Commerce the champions for business in North Dakota GNDC is working to build the strongest business environment possible through its more than 1 1 00 business members as well as partnerships and coalitions with local chambers of commerce from across the state GNDC also represents the National Association of
Manufacturers and works closely with the US Chamber of Commerce As a group we stand in opposition to HB 1d urge a do not pass from your committee on the bill
nn GNDC has a long history of opposing excise taxes which we believe are onerous and unfair
We have a difficult time understanding this bill and the tax increase from 1 7 mills to 45 mills a
1 65 raise according to our math proposed in it North Dakota certainly does not need the
additional revenue that might come from this tax increase Our focus in this session is on tax decreases not increases If we are trying to do social engineering that is to discourage the practice the tax code is a poor place to do it If the goal is to eliminate smoking introduce a bil l prohibiting the sale or use of tobacco products in the state As witnessed by our experience with Minnesota increasing their cigarette tax with a health fee all we do is drive sales to a lower priced location by passing this bil l We see no acceptable reason to enact this tax
Thank you for the opportunity to appear before you today in opposition to HB 1 3 87 I would be happy to answer any questions
Champions Business
PO Box 2639 P 701middot222-0929 Bismarck NO 58502 F 701-222-1611
wwwndcharnbercorn
w - -I --------
North Dakota Retai l Association NO Petroleum Marketers Association
North Dakota Propane Gas Association
---- LEG S LAT VE BU LLET N Testimony- HB 1387
January 29 2013- House Finance and Tax Committee
Chairman Belter and Members of the House Finance and Tax Committee
We know any type of tax tends to put the squeeze on consumer spending potentially strain
household budgets and curb retail sales Which is exactly why the North Dakota Petroleum
Marketers Association and its 400 members from across the state are asking you to vote
NO on HB 1387
Passage of HB 1387 will burden North Dakotas lower Income Earners Cigarette
excise taxes are regressive in nature B ased on data from the Center for
Disease Control roughly 30 of adults in North Dakota who earn less than
$ 15000 are smokers whereas only 160 of adults who earn $50000 or
more are smokers Raising taxes will further unfairly burden low-income
earners
Passage of HB 1387 will harm the retail sector as well
Increasing the excise tax could hurt legitimate retailers when
adult smokers shift purchases to other outlets such as the internet This
would negatively affect North Dakota s 1 300 retailers
Even more pressing is the fear Passage of HB 1387 could increase illegal cigarette trafficking
An excise tax increase could provide incentives for smuggling and other
contraband activities resulting in lost revenues According to the Bureau of
1 02 5 North 3rd Street bull PO Box 1 9 5 6 bull Bismarck NO 58502 bull 701 -223-3370 bull Fax 7 0 1 -223-5004 Web Address ndretailorg bull ndpetroleumorg bull ndpropaneorg
Alcohol Tobacco Firearms and Explosives cigarette smuggling has
turned into a lucrative business for criminals who trade cigarettes and other
tobacco products on the black market Nationally its estimated $5 billion in
tax revenue annually is lost on the black market
For all of these reasons NDPMA is asking for a NO vote on HB 1387
Thank you for your time and consideration
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote
NORTH DAKOTA
Protect
Adult Exposure to Secondhand Smoke
Among all adults the percentage who reported being exposed to secondhand smoke within the past 7 days was lower in North Dakota than
Exposure to Secondhand Smoke
in the nation overall In 2009-2010 overall exposure to secondhand smoke in North Dakota was 450 ranking 1 8 among the states
I I I I Overall Workplaces i Homes 1 Vehicles Public Places I I
450
Adults were exposed to secondhand smoke in various locations The table shows the percentage of North Dakota adults who reported any exposure as well as exposure in their home in a vehicle or in indoor or outdoor areas at work or public places in the past 7 days
c Ql
100
Secondhand Smoke Exposure and Opinions about Smoking
in the Workplace bull National bull North Dakota
80
60 Ql a
Adults Reporting Being
Exposed to Secondhand
Smoke (overall)
Adults Who Think
Smoking Should Never be
Allowed in the Workplace
Source National Adult Tobacco Survey 2009-2010
Opinions about Smoking in the Workplace
In 2009-2010 778 of adults in North Dakota thought that smoking should never be allowed in indoor workplaces ranking 30 among the states
303
180 81 150 324 Source National Adult Tobacco Survey 2009-201 0
Smoke-Free Home Rules
In 2009-2010 836 of adults in North Dakota reported that their homes had smoke-free home rules ranking 18 among the states The percentage of homes without smoke-free home rules with children living in them was 284 ranking 11 among the states
Smoke-Free Home Rules and Homes without Rules that have Children
c Ql v Ql a
100
bull National
SmokemiddotFree Home
Rules
bull North Dakota
Homes without Rules
that have Children
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA State Smoke-Free Policy
As ofJune 30 2012 North Dakota had a smokeshyfree law that prohibits smoking in indoor areas of workplaces but not restaurants or bars The state allowed communities to enact local smoke-free laws
Note See Appendix B for updated legislation rhar rakes effect afrer June 30 2012
Offer
Adults Who Made a Quit Attempt in the Last Year
During 2009-2010 552 of North Dakota adult smokers made a quit attempt in the past year ranking 22d among the states
National
Percentage of Smokers Attempting to Quit
WORSE
In North Dakota
552 of adults made a quit attempt
ranking 22d
Source National Adult Tobacco Survey 2009-2010
Quitline Utilization
In 2010 the North Dakota quidine received 7478
calls and 1 342 tobacco users (an estimated 12 of all tobacco users in the state) received telephone counseling cessation medications or both from the state qui dine
Smoke-Free Legislation
I I Local Laws Workplaces Restaurants l Bars Permitted
Yes
I I
No No Yes Designated Smoking Areas t Ventilated Smoking Areas
bull Allowed for nonshyhospitality workplaces
1 Prohibited ror nonshyhospitJiity workplaces
t No Restrictions Allowed smoking in venues that prohibit minors
Note Not all footnotes may be used Source STATE System June 2012
304
Medicaid Coverage for Counseling and Medications
In 2010 North Dakotas Medicaid program provided incomplete coverage through Medicaid for tobaccoshydependence treatment North Dakota provided full coverage for some nicotine replacement therapies full coverage for varenicline full coverage for bupropion and no coverage for counseling (individual or group)
Medicaid Coverage for Counseling and Medications
Comprehensive Coverage
No
I Counseling NRT
Ms (On
1e or 1 Varenicline Jl Bupropion (Individual
ore andor Group)
Yes Yes Yes No
Pregnant women only t Fee-for-service only
Available only via the quitline
Note Not all footnotes may be used Source Halpinet a 2011
NORTH DAKOTA
Warn
Tobacco Counter-Marketing Media Intensity
CDC Best Practices recommendations translate into an average quarterly exposure of 1200 general audience gross raring points (GRPs) and 800 youth target raring points (TRPs) in effective anti-tobacco media campaigns North Dakota had an average of 10356 general audience GRPs and 1436 youth TRPs per quarter in television advertising supporting tobacco control messages in 2010
Anti-Tobacco Media Campaign Intensity G RPs Per Quarter
National
Median
2427 GRPs
General Audience
WORSE
North Dakota
Average 10356
GRPs (101h)
Source CDCOSH
Anti-Tobacco Media Campaign Intensity T RPs Per Quarter
National
Median
3 97TRPs
Youth (12-17Years)
WORSE
North
Dakota Average 1436 TRPs (13h)
Source CDCOSH
305
Knowledge of the Dangers of Tobacco
In North Dakota 657 of adults thought that breathing smoke from other peoples cigarettes or other tobacco products is very harmful to ones health in 2009-2010 Additionally 832 thought that cigarette smoking is very addictive
Secondhand Smoke
National
Average
656
WORSE
In North Dakota 657 of adults thought
__ secondhand smoke is very harmful The range
across all states was 721 to 559 North
Dakota ranked 17h
among the states
Source National Adult Tobacco Survey 2009-2010
Addictiveness of Smoking
National
Average
854
WORSE
In North Dakota 832 of adults thought that
smoking is very addictive The range across all states was
905 to 806 North __ Dakota ranked 45h among the states
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA
Enforce
State Allows Local Advertising and Promotion Laws State Allows Local Laws
As ofJune 30 2012 North Dakota allowed local regulation of tobacco industry promotions tobacco product sampling and display of tobacco products in commercial establishments
Promotion t Sampling I Display
Yes Yes Yes Source STATE System June 2012
Over-the-Counter Retail Licensure
As of June 30 2012 North Dakota required all establishments selling cigarettes and smokeless tobacco products over-the-counter to be licensed Nationally 37
states required over-the-counter licensure for cigarettes 29 of which also have a requirement for smokeless tobacco with various renewal frequencies fees and penalties for violations
Over-the-Counter Licensure and Penalties
Over-the- Minimum I Renewal I Penalty to Licensure Counter License License Fee Required I Business Includes _ Rqired _ _ (amp Frequelcy) _ Sruo_kes Toacc
$1500
Yes Yes
bull Annually Note Not all footnotes may be used bull Class A Misdemeanor Fine or Imprisonment or both Source STATE System June 2012
306
NORTH DAKOTA
Raise
Amount of Tobacco Product Excise Tax
As of June 302012 the excise tax on cigarettes in North Dakora was $044 per pack ranking 46h among the states The tax on cigars was 28 of the wholesale purchase price per cigar and for little cigars the tax was 28 of the wholesale purchase price per pack of 20 The tax on chewing tobacco was $0 I 6 per ounce with snuff taxed at $060 per ounce
Amount of Cigarette Excise Tax
National
Median
$1339
WORSE
As of June 30 2012
North Dakota had a
$044 cigarette excise tax-ranking 461h
among the states The range across states was
$435 to $017 per pack
Source STATE System June 2012
307
Price Paid for Last Cigarettes Purchased
In North Dakota 656 of adult smokers bought their last cigarettes by the pack and 344 bought them by the carton in 2009-2010 The average price that North Dakota smokers reported paying for their last pack of cigarettes was $433 in 2009-201 0 the range among states was $798 to $404 The average price that North Dakota smokers reponed paying for their last carton of cigarettes was $3561 in 2009-2010 the range among 45
states with valid data was $6445 to $3046
CAMPAIGN ov ToBACco-fREE
Kirk-middot
bull
ancer Action jii
N EW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVI NGS FROM A $100 CIGARETTE TAX I N C REASE I N NORTH DAKOTA
Cu rrent state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $1 048 per pack
Annual health care expenditu res in North Dakota directly caused by tobacco use $247 m illion S mokin g-caused state Med icaid program spending each year $47 mi l l ion
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $325 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase Percent decrease in youth smoking 154
-- -- -------------------------------------
Kids in North Dakota kept from becoming addicted adult smokers 6300 ------------------ --------------------------------------------------------------------------------
Current adult smokers in the state who would quit 5200 -----------------------------------------------------------------
Smoking-affected births avoided over next five years 900 -- -- --------
North Dakota residents saved from premature smoking-caused death 3400 ----middot-------------------- ------------------------------------------- middot --
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000 ------------ -----------------------------------
5- Year health care cost savings from fewer smoking-affected pregnancies amp births $213 mil l ion f-------------------------------------------------------------------------------------------------------------------------5- Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 mil l ion r------------------------------------------------------------------------------------------------------5- Year Medicaid program savings for the state $240000 ------------------------------------------------------------------------------------------------------- -----------
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 mil l ion 122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly diminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new reven ues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider all aspects of state tax pol icy related to OTPs (incl uding the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category linked to the state cigarette tax rate on a per-package or pe r-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoliciesltaxlus state local and httpwwwacscanorqltobaccopolicv
For more on sources and calculations see httpllwwwtobaccofreekidsorgresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Explanations amp Notes
Health care costs l isted at the top of the page are from the US Centers for Disease Control and Prevention
Projections a re based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the higher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggling and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion httptobaccofreekidsorgresearchfactsh eetspdf0274pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate i ncrease All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are limited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also limited because small tax i ncreases are unl ikely to produce significant public health benefits
Ongoing reductions in state smoking rates wil l over time gradually erode state cigarette tax revenues (in the absence of any new rate increases) But those declines are more predictable and less volatile than many other state revenue sources such as state income tax or corporate tax revenues (which can drop sharply during recessions) In addition the smoking declines that reduce tobacco tax revenues will simultaneously produce much larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdf0357pdf
For more on sources and calculations see httplwww tobaccofreekidsorqresearchlfactsheetslpdf028 1pdf
Needed State Efforts to P rotect State Tobacco Tax Revenues
Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qual ifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on all tobacco products to block tax evasion and promote tax equity No
High-tech tax stamps to stop counterfeiting and other smuggling and tax evasion No
Retailers lose license if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
North Dakota Tobacco Prevention and Control Executive Comm ittee
Center for Tobacco Prevention and Control Policy 4023 State Street Suite 65 bull Bismarck N D 58503-0638
Phone 70 1 328 5 1 30 middot Fax 701 328 5 1 35 middot Tol l Free 1 877277 5090
Testimony House Bil l 1 387
1 0 00 am Jan uary 29 20 1 3 House F inance and Taxation Comm ittee
Good morning Chairman Belter and members of the House Finance and Tax Committee I am Jeanne Prom executive director of the N D Center for Tobacco Prevention and Control Policy
I ncreasing the tobacco tax sig nificantly wil l lead to a decrease in tobacco use in our state Tobacco use is the leading cause of preventable disease and death and the tol l of tobacco u se in North Dakota is hig h
bull An n ual health care costs in North Dakota directly caused by smoking $247 mil l ion bull Portion paid by the state Medicaid prog ram annually $47 mil l ion bull N u mber of North Dakota adu lts who will die from smoking this year 800 bull High school students who smoke 7 400 (1 94) bull Male hig h school students who use smokeless or spit tobacco 22 2 bull Kids u nder 1 8 who become new daily smokers each year 600
The North Dakota Tobacco Prevention and Control Advisory Committee in its plan Saving Lives - Saving Money North Dakota s Comprehensive State Plan to Prevent and Control Tobacco Use cal ls for a sig nificant increase in al l tobacco taxes - to $2pack - to keep kids from starting and prompt users to quit As you can see on the attachments North Dakotas tobacco tax is one of the lowest in the country at 44 centspack This tax hasnt been increased since 1 993 The low tax resu lts in inexpensive tobacco that is affordable to youth and populations with l imited incomes and high smoking rates High tobacco taxes work most effectively to cut use among lower-income smokers and young male smokeless tobacco users - two g roups that suffer disproportionately from the harms of tobacco use
Tobacco use and its health hazards are completely preventable Raising the tobacco tax to $2pack with a comparable tax amou nt on other tobacco products can be expected to
bull Decrease youth smoking by 24 bull Reduce the number of kids from becoming addicted adult smokers by 9 900 bull Reduce the n umber of adults in the state who smoke by 8 200 bull Save the state mil l ions of dol lars in smoking-related health care costs over j ust 5 years
Please consider H B 1 387 with amendments to i ncrease the tobacco tax to $2pack with a comparable tax increase on al l other tobacco products
Thank you for your time and consideration I am happy to respond to any questions
The To bacco i n N o rth Da kota Updated Dec 5 2012
The Tol l of Tobacco in North Dakota
High school students who 1 94 (7400)
smoke middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot
Male high school stuents who 222
S SrlkS r Pt
t
Kids (under 1 8) who become 600
-middot- -IY S- X
Kids exposed to secondhand 42000
smoke at home Packs of cigarettes bought or
1 9 m il l ion lt9 Y i
------ Xr
Adu lts in North Dakota who smoke
21 9 ( 1 1 6 600)
Due to changes in CDCs methodology the 20 1 1 adult smoking rate cannot be
compared to adult smoking data from previous years
US National Data (201 1 )
i- -ltl flin
rt
Male h igh school students who 1 28
use smokeless tobacco
- n9 1 g(
Deaths i n North Da kota from Sm oking
Adults who die each year from th
k 800
e1r own smo mg
Kids now under 1 8 and alive in North Dakota who will ultimately 1 1 000 die prematurely from smoking
Smoking kil ls more people than alcohol AIDS car crashes i l legal drugs murders and suiCides combined - and thousands more die from other tobacco-related
causes - such as fires caused by smoking (more than 1 000 deathsyear nationwidr d smokeless tobacco use
Sm oking-Caused Monetary Costs in North Dakota
Annual health care costs in North Dakota directly caused by$247 m i ll ion
ltn
Portion covered by the state $47 m il l ion
-ii P9--
Residents state amp federal tax burden from srnoking-caused $574 per house hold
V-nt Pn i_
t
r
Smoking-caused productivity $ 1 92 m i l l ion
losses in North Dakota
Amounts do not include health costs caused by exposure to secondhand smoke smoking-caused fires smokeless tobacco use or cigar and pipe smoking Tobacco vse also imposes additional costs such as workplace productivity losses and damage to property
Tobacco Industry I nflue nce in North Dakota
Annual tobacco industry marketing expenditures nationwide
$85 bil l ion
Estimated portion spent for North Dakota marketing each $257 m il l ion
year
Published research studies have found that kids are twice as sensitive to tobacco advertising than adults and are more l ikely to be influenced to smoke by cigarette marketing than by peer pressure One-third of underage experimentation with smoking is attributable to tobacco company advertising
View sources of information
More detailed fact sheets on tobaccos toll in each state are avai lable by emailing factsheetstobaccofreekids org
CAMPAIGN middot ov
ToBA((o-fRpoundpound K ick
Guam $300 No Marianas Islands $1 75
MAP OF STATE CIGARETTE TAX RATES
Average State Cigarette Tax $1 48 per Pack
Average Cigarette Tax in M ajor Tobacco States 485 cents per Pack
Average Cigarette Tax in N on-Tobacco States $1 61 per Pack
TX $1 41
gt
$320 Puerto Rico $223
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate since 1 999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $ 1 00 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or h igher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages l i sted above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The major tobacco states with extensive tobacco farming and often cigarette manufacturin g are NC KY VA SC TN amp GA Federal cigarette tax is $1 01 per pack Not shown are the special taxes or fee s some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local g overnments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) N ew York City ($1 50) and Anchorage AK ($2206) The U S Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $ 1 047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn
For m o re information on state cigarette taxes and the benefits from increasing them see httpwwwtobaccofreekidsorgfacts issuesfact s h eetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1 400 I Street NW middot Suite 1 200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekid sorg
State Tax
Alabama $0425 Alaska $200 Arizona $200 Arkansas $1 1 5 California $087 Colorado $084 Connecticut $340 Delaware $1 60 DC $250 Florida $1 339 Georgia $037 Hawai i $320 Idaho $057 I l l inois $1 98
Indiana $0995 Iowa $ 1 36 Kansas $079 Kentucky $060
STATE CIGARETTE EXCISE TAX RATES amp RANKINGS
Overal l All States Average $1 48 per pack
Major Tobacco States Average 485 cents per pack Other States Average $1 61 per pack
Rank State Tax Rank State
47th Louisiana $036 49th Oklahoma 1 1 th Maine $200 1 1 th Oregon 1 1 th Maryland $200 1 1 th Pennsylvania 30th Massachusetts $251 9th Rhode Island 33rd Michigan $200 1 1 th South Carolina 34th Minnesota $1 23 28th South Dakota 3rd Mississippi $068 37th Tennessee
2 1 st Missouri $0 1 7 5 1 st Texas 1 0th Montana $1 70 1 7th Utah 26th Nebraska $064 38th Vermont 48th Nevada $080 35th Virginia 4th New Hampshire $ 1 68 1 9th Washington
42nd New Jersey $270 6th West Virgin ia 1 6th New Mexico $1 66 20th Wisconsin
32nd New York $435 1 st Wyoming 25th North Carolina $045 45th Puerto Rico 36th North Dakota $044 46th G uam 40th Ohio $ 1 25 27th Northern Marianas
Tax stamp Includes 75cent health 1mpact fee
Tax Rank
$1 03 3 1 st $1 1 8 29th $1 60 2 1 st $350 2nd $057 42nd $ 1 53 23rd $062 39th $1 41 24th $1 70 1 7th $262 7th $0 30 50th
$3025 5th $055 44th $2 52 8th $060 40th $223 NA $300 NA $1 75 NA
Table shows al l cigarette tax rates in effect now Since 2002 47 states DC and several US territories have increased their cigarette tax rates more than 1 05 times The three states in bold type have not increased their cigarette tax since 1 999 or earlier Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $1 00 per pack or higher 14 states DC and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $4 00 per pack Tobacco states are KY VA NC SC GA and TN States average includes DC but not Puerto Rico other U S territories or local cigarette taxes The median tax rate is $1 34 per pack AK M l MN MS UT also have special taxes or fees on brands of manufacturers not participating in the state tobacco lawsuit settlements (NPMs)
The highest combined state-local tax rate is $585 in New York City with Chicago IL second at $566 per pack Other high state-local rates include Evanston IL at $548 and Anchorage AK at $4206 per pack For more on local cigarette taxes see httptobaccofreekids orgresearchfactsheetspdf0267 pdf
Federal cigarette tax is $1 01 per pack From the beginning of 1 998 through 2002 the m ajor cigarette companies increased the prices they charge by more than $1 25 per pack (but also instituted aggressive retail-level discounting for competitive pu rposes and to reduce related consumption declines) In January 2003 Philip Morris instituted a 65-cent per pack price cut for four of its major brands to replace its retail-level discounting and fight sales losses to discount brands and R J Reynolds followed suit In the last several years the major cigarette companies have increased their product prices by almost $ 1 00 per pack The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs total $1047 per pack sold and consumed in the US The average price for a pack of cigarettes nationwide is roughly $600 (including statewide sales taxes but not local cigarette or sales taxes other than NYCs $1 50 per pack cigarette tax) with considerable state-to-state differences because of d ifferent state tax rates and different manufacturer wholesaler and retailer pricing and discounting practices AK DE MT NH amp OR have no state retai l sales tax at al l OK has a state sales tax but does not apply it to cigarettes MN amp DC apply a per-pack sales tax at the wholesale level and AL GA amp MO (unl ike the rest of the states) do not apply their state sales tax to that portion of retai l cigarette prices that represents the states cigarette excise tax
Campaign for Tobacco-Free Kids December 13 2012 I Ann Boonn
For additional i nformation see the Cam paigns website at httplwwwtobaccofreekidsorgwhat we dostate localtaxes
Sources Orzechowski amp Walker Tax Burden on Tobacco 201 1 media reports state revenue department websites
middot Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change ih the actual excise tax rates just the way that the rates are listed
1 400 I Street NW - Suite 1 200 - Washington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
CAMPAIGN kJI TOigtAltpound0-fRpoundpound
K ick
NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $156 CIGARETTE TAX INCREASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $ 1 048 per pack
Annual health care expend itures in North Dakota directly caused by tobacco use $247 m ill ion Smoking-caused state Med icaid program spending each year $47 m il lion
New Annual Revenue from Increasing the Cigarette Tax Rate by $156 Per Pack $4109 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate I nc rease
Percent decrease in youth smoking 240 Kids in North Dakota kept from becoming addicted adult smokers 9900 Current adult smokers in the state who would quit 800 Smoking-affected births avoided over next five years 1 500 North Dakota residents saved from premature smoking-caused death 5400 5-Year health care cost savings from fewer smoking-caused lung cancer cases $1 26 million
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $333 mill ion
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $233 mill ion
5-Year Medicaid program savings for the state $380000 Long-term health care cost savings in the state from adult amp youth smoking declines $35066 mil l ion
122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years wi l l similarly diminish or el iminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider al l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $2 00 per pack cigarette tax the states new OTP tax rate should be at least 60 of the wholesale price with m inimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoiciesltaxlus state local and httpllwwwacscanorqltobaccopoicy
For m ore on sources and calculations see httpllwwwtobaccofreekidsorglresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer A ction Network Melissa Maitin-Shepard
Explanations amp Notes Health care costs l isted at the top of the page are from the US Centers for Disease Control and P revention
Projections are based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the h igher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggl ing and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion http 1tobaccofreekids orgresearchfactsheetspdf027 4 pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate increase All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are l imited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also l imited because small tax increases are unl ikely to produce significant public health benefits
Ongoing red uctions in state smoking rates will over time gradually erode state cigarette tax revenues (in the absence of any new rate i ncreases) But those declines are more predictable and less volatile than many other state revenue sources such as state i ncome tax or corporate tax revenues (which can drop sharply during recessions) I n addition the smoking declines that reduce tobacco tax revenues will sim ultaneously produce m uch larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdfl0357 pdf
For more on sources and calculations see httpllwww tobaccofreekidsorqlresearchlfactsheetspdf0281 pdf
Needed State Efforts to Protect State Tobacco Tax Revenues Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qualifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on al l tobacco products to block tax evasion and promote tax equity No
H ig h-tech tax stamps to stop counterfeiting and other smuggl ing and tax evasion No
Retailers lose l icense if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
Testimony of Bill Shalhoob
Greater North Dakota Chamber of Commerce HB 1 3 87
January 29 20 1 3
Greater North Dakota Chamber
Mr Chairman and members of the committee My name is Bill Shalhoob and I am here today representing the Greater North Dakota Chamber of Commerce the champions for business in North Dakota GNDC is working to build the strongest business environment possible through its more than 1 1 00 business members as well as partnerships and coalitions with local chambers of commerce from across the state GNDC also represents the National Association of
Manufacturers and works closely with the US Chamber of Commerce As a group we stand in opposition to HB 1d urge a do not pass from your committee on the bill
nn GNDC has a long history of opposing excise taxes which we believe are onerous and unfair
We have a difficult time understanding this bill and the tax increase from 1 7 mills to 45 mills a
1 65 raise according to our math proposed in it North Dakota certainly does not need the
additional revenue that might come from this tax increase Our focus in this session is on tax decreases not increases If we are trying to do social engineering that is to discourage the practice the tax code is a poor place to do it If the goal is to eliminate smoking introduce a bil l prohibiting the sale or use of tobacco products in the state As witnessed by our experience with Minnesota increasing their cigarette tax with a health fee all we do is drive sales to a lower priced location by passing this bil l We see no acceptable reason to enact this tax
Thank you for the opportunity to appear before you today in opposition to HB 1 3 87 I would be happy to answer any questions
Champions Business
PO Box 2639 P 701middot222-0929 Bismarck NO 58502 F 701-222-1611
wwwndcharnbercorn
w - -I --------
North Dakota Retai l Association NO Petroleum Marketers Association
North Dakota Propane Gas Association
---- LEG S LAT VE BU LLET N Testimony- HB 1387
January 29 2013- House Finance and Tax Committee
Chairman Belter and Members of the House Finance and Tax Committee
We know any type of tax tends to put the squeeze on consumer spending potentially strain
household budgets and curb retail sales Which is exactly why the North Dakota Petroleum
Marketers Association and its 400 members from across the state are asking you to vote
NO on HB 1387
Passage of HB 1387 will burden North Dakotas lower Income Earners Cigarette
excise taxes are regressive in nature B ased on data from the Center for
Disease Control roughly 30 of adults in North Dakota who earn less than
$ 15000 are smokers whereas only 160 of adults who earn $50000 or
more are smokers Raising taxes will further unfairly burden low-income
earners
Passage of HB 1387 will harm the retail sector as well
Increasing the excise tax could hurt legitimate retailers when
adult smokers shift purchases to other outlets such as the internet This
would negatively affect North Dakota s 1 300 retailers
Even more pressing is the fear Passage of HB 1387 could increase illegal cigarette trafficking
An excise tax increase could provide incentives for smuggling and other
contraband activities resulting in lost revenues According to the Bureau of
1 02 5 North 3rd Street bull PO Box 1 9 5 6 bull Bismarck NO 58502 bull 701 -223-3370 bull Fax 7 0 1 -223-5004 Web Address ndretailorg bull ndpetroleumorg bull ndpropaneorg
Alcohol Tobacco Firearms and Explosives cigarette smuggling has
turned into a lucrative business for criminals who trade cigarettes and other
tobacco products on the black market Nationally its estimated $5 billion in
tax revenue annually is lost on the black market
For all of these reasons NDPMA is asking for a NO vote on HB 1387
Thank you for your time and consideration
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote
NORTH DAKOTA State Smoke-Free Policy
As ofJune 30 2012 North Dakota had a smokeshyfree law that prohibits smoking in indoor areas of workplaces but not restaurants or bars The state allowed communities to enact local smoke-free laws
Note See Appendix B for updated legislation rhar rakes effect afrer June 30 2012
Offer
Adults Who Made a Quit Attempt in the Last Year
During 2009-2010 552 of North Dakota adult smokers made a quit attempt in the past year ranking 22d among the states
National
Percentage of Smokers Attempting to Quit
WORSE
In North Dakota
552 of adults made a quit attempt
ranking 22d
Source National Adult Tobacco Survey 2009-2010
Quitline Utilization
In 2010 the North Dakota quidine received 7478
calls and 1 342 tobacco users (an estimated 12 of all tobacco users in the state) received telephone counseling cessation medications or both from the state qui dine
Smoke-Free Legislation
I I Local Laws Workplaces Restaurants l Bars Permitted
Yes
I I
No No Yes Designated Smoking Areas t Ventilated Smoking Areas
bull Allowed for nonshyhospitality workplaces
1 Prohibited ror nonshyhospitJiity workplaces
t No Restrictions Allowed smoking in venues that prohibit minors
Note Not all footnotes may be used Source STATE System June 2012
304
Medicaid Coverage for Counseling and Medications
In 2010 North Dakotas Medicaid program provided incomplete coverage through Medicaid for tobaccoshydependence treatment North Dakota provided full coverage for some nicotine replacement therapies full coverage for varenicline full coverage for bupropion and no coverage for counseling (individual or group)
Medicaid Coverage for Counseling and Medications
Comprehensive Coverage
No
I Counseling NRT
Ms (On
1e or 1 Varenicline Jl Bupropion (Individual
ore andor Group)
Yes Yes Yes No
Pregnant women only t Fee-for-service only
Available only via the quitline
Note Not all footnotes may be used Source Halpinet a 2011
NORTH DAKOTA
Warn
Tobacco Counter-Marketing Media Intensity
CDC Best Practices recommendations translate into an average quarterly exposure of 1200 general audience gross raring points (GRPs) and 800 youth target raring points (TRPs) in effective anti-tobacco media campaigns North Dakota had an average of 10356 general audience GRPs and 1436 youth TRPs per quarter in television advertising supporting tobacco control messages in 2010
Anti-Tobacco Media Campaign Intensity G RPs Per Quarter
National
Median
2427 GRPs
General Audience
WORSE
North Dakota
Average 10356
GRPs (101h)
Source CDCOSH
Anti-Tobacco Media Campaign Intensity T RPs Per Quarter
National
Median
3 97TRPs
Youth (12-17Years)
WORSE
North
Dakota Average 1436 TRPs (13h)
Source CDCOSH
305
Knowledge of the Dangers of Tobacco
In North Dakota 657 of adults thought that breathing smoke from other peoples cigarettes or other tobacco products is very harmful to ones health in 2009-2010 Additionally 832 thought that cigarette smoking is very addictive
Secondhand Smoke
National
Average
656
WORSE
In North Dakota 657 of adults thought
__ secondhand smoke is very harmful The range
across all states was 721 to 559 North
Dakota ranked 17h
among the states
Source National Adult Tobacco Survey 2009-2010
Addictiveness of Smoking
National
Average
854
WORSE
In North Dakota 832 of adults thought that
smoking is very addictive The range across all states was
905 to 806 North __ Dakota ranked 45h among the states
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA
Enforce
State Allows Local Advertising and Promotion Laws State Allows Local Laws
As ofJune 30 2012 North Dakota allowed local regulation of tobacco industry promotions tobacco product sampling and display of tobacco products in commercial establishments
Promotion t Sampling I Display
Yes Yes Yes Source STATE System June 2012
Over-the-Counter Retail Licensure
As of June 30 2012 North Dakota required all establishments selling cigarettes and smokeless tobacco products over-the-counter to be licensed Nationally 37
states required over-the-counter licensure for cigarettes 29 of which also have a requirement for smokeless tobacco with various renewal frequencies fees and penalties for violations
Over-the-Counter Licensure and Penalties
Over-the- Minimum I Renewal I Penalty to Licensure Counter License License Fee Required I Business Includes _ Rqired _ _ (amp Frequelcy) _ Sruo_kes Toacc
$1500
Yes Yes
bull Annually Note Not all footnotes may be used bull Class A Misdemeanor Fine or Imprisonment or both Source STATE System June 2012
306
NORTH DAKOTA
Raise
Amount of Tobacco Product Excise Tax
As of June 302012 the excise tax on cigarettes in North Dakora was $044 per pack ranking 46h among the states The tax on cigars was 28 of the wholesale purchase price per cigar and for little cigars the tax was 28 of the wholesale purchase price per pack of 20 The tax on chewing tobacco was $0 I 6 per ounce with snuff taxed at $060 per ounce
Amount of Cigarette Excise Tax
National
Median
$1339
WORSE
As of June 30 2012
North Dakota had a
$044 cigarette excise tax-ranking 461h
among the states The range across states was
$435 to $017 per pack
Source STATE System June 2012
307
Price Paid for Last Cigarettes Purchased
In North Dakota 656 of adult smokers bought their last cigarettes by the pack and 344 bought them by the carton in 2009-2010 The average price that North Dakota smokers reported paying for their last pack of cigarettes was $433 in 2009-201 0 the range among states was $798 to $404 The average price that North Dakota smokers reponed paying for their last carton of cigarettes was $3561 in 2009-2010 the range among 45
states with valid data was $6445 to $3046
CAMPAIGN ov ToBACco-fREE
Kirk-middot
bull
ancer Action jii
N EW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVI NGS FROM A $100 CIGARETTE TAX I N C REASE I N NORTH DAKOTA
Cu rrent state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $1 048 per pack
Annual health care expenditu res in North Dakota directly caused by tobacco use $247 m illion S mokin g-caused state Med icaid program spending each year $47 mi l l ion
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $325 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase Percent decrease in youth smoking 154
-- -- -------------------------------------
Kids in North Dakota kept from becoming addicted adult smokers 6300 ------------------ --------------------------------------------------------------------------------
Current adult smokers in the state who would quit 5200 -----------------------------------------------------------------
Smoking-affected births avoided over next five years 900 -- -- --------
North Dakota residents saved from premature smoking-caused death 3400 ----middot-------------------- ------------------------------------------- middot --
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000 ------------ -----------------------------------
5- Year health care cost savings from fewer smoking-affected pregnancies amp births $213 mil l ion f-------------------------------------------------------------------------------------------------------------------------5- Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 mil l ion r------------------------------------------------------------------------------------------------------5- Year Medicaid program savings for the state $240000 ------------------------------------------------------------------------------------------------------- -----------
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 mil l ion 122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly diminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new reven ues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider all aspects of state tax pol icy related to OTPs (incl uding the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category linked to the state cigarette tax rate on a per-package or pe r-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoliciesltaxlus state local and httpwwwacscanorqltobaccopolicv
For more on sources and calculations see httpllwwwtobaccofreekidsorgresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Explanations amp Notes
Health care costs l isted at the top of the page are from the US Centers for Disease Control and Prevention
Projections a re based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the higher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggling and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion httptobaccofreekidsorgresearchfactsh eetspdf0274pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate i ncrease All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are limited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also limited because small tax i ncreases are unl ikely to produce significant public health benefits
Ongoing reductions in state smoking rates wil l over time gradually erode state cigarette tax revenues (in the absence of any new rate increases) But those declines are more predictable and less volatile than many other state revenue sources such as state income tax or corporate tax revenues (which can drop sharply during recessions) In addition the smoking declines that reduce tobacco tax revenues will simultaneously produce much larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdf0357pdf
For more on sources and calculations see httplwww tobaccofreekidsorqresearchlfactsheetslpdf028 1pdf
Needed State Efforts to P rotect State Tobacco Tax Revenues
Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qual ifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on all tobacco products to block tax evasion and promote tax equity No
High-tech tax stamps to stop counterfeiting and other smuggling and tax evasion No
Retailers lose license if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
North Dakota Tobacco Prevention and Control Executive Comm ittee
Center for Tobacco Prevention and Control Policy 4023 State Street Suite 65 bull Bismarck N D 58503-0638
Phone 70 1 328 5 1 30 middot Fax 701 328 5 1 35 middot Tol l Free 1 877277 5090
Testimony House Bil l 1 387
1 0 00 am Jan uary 29 20 1 3 House F inance and Taxation Comm ittee
Good morning Chairman Belter and members of the House Finance and Tax Committee I am Jeanne Prom executive director of the N D Center for Tobacco Prevention and Control Policy
I ncreasing the tobacco tax sig nificantly wil l lead to a decrease in tobacco use in our state Tobacco use is the leading cause of preventable disease and death and the tol l of tobacco u se in North Dakota is hig h
bull An n ual health care costs in North Dakota directly caused by smoking $247 mil l ion bull Portion paid by the state Medicaid prog ram annually $47 mil l ion bull N u mber of North Dakota adu lts who will die from smoking this year 800 bull High school students who smoke 7 400 (1 94) bull Male hig h school students who use smokeless or spit tobacco 22 2 bull Kids u nder 1 8 who become new daily smokers each year 600
The North Dakota Tobacco Prevention and Control Advisory Committee in its plan Saving Lives - Saving Money North Dakota s Comprehensive State Plan to Prevent and Control Tobacco Use cal ls for a sig nificant increase in al l tobacco taxes - to $2pack - to keep kids from starting and prompt users to quit As you can see on the attachments North Dakotas tobacco tax is one of the lowest in the country at 44 centspack This tax hasnt been increased since 1 993 The low tax resu lts in inexpensive tobacco that is affordable to youth and populations with l imited incomes and high smoking rates High tobacco taxes work most effectively to cut use among lower-income smokers and young male smokeless tobacco users - two g roups that suffer disproportionately from the harms of tobacco use
Tobacco use and its health hazards are completely preventable Raising the tobacco tax to $2pack with a comparable tax amou nt on other tobacco products can be expected to
bull Decrease youth smoking by 24 bull Reduce the number of kids from becoming addicted adult smokers by 9 900 bull Reduce the n umber of adults in the state who smoke by 8 200 bull Save the state mil l ions of dol lars in smoking-related health care costs over j ust 5 years
Please consider H B 1 387 with amendments to i ncrease the tobacco tax to $2pack with a comparable tax increase on al l other tobacco products
Thank you for your time and consideration I am happy to respond to any questions
The To bacco i n N o rth Da kota Updated Dec 5 2012
The Tol l of Tobacco in North Dakota
High school students who 1 94 (7400)
smoke middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot
Male high school stuents who 222
S SrlkS r Pt
t
Kids (under 1 8) who become 600
-middot- -IY S- X
Kids exposed to secondhand 42000
smoke at home Packs of cigarettes bought or
1 9 m il l ion lt9 Y i
------ Xr
Adu lts in North Dakota who smoke
21 9 ( 1 1 6 600)
Due to changes in CDCs methodology the 20 1 1 adult smoking rate cannot be
compared to adult smoking data from previous years
US National Data (201 1 )
i- -ltl flin
rt
Male h igh school students who 1 28
use smokeless tobacco
- n9 1 g(
Deaths i n North Da kota from Sm oking
Adults who die each year from th
k 800
e1r own smo mg
Kids now under 1 8 and alive in North Dakota who will ultimately 1 1 000 die prematurely from smoking
Smoking kil ls more people than alcohol AIDS car crashes i l legal drugs murders and suiCides combined - and thousands more die from other tobacco-related
causes - such as fires caused by smoking (more than 1 000 deathsyear nationwidr d smokeless tobacco use
Sm oking-Caused Monetary Costs in North Dakota
Annual health care costs in North Dakota directly caused by$247 m i ll ion
ltn
Portion covered by the state $47 m il l ion
-ii P9--
Residents state amp federal tax burden from srnoking-caused $574 per house hold
V-nt Pn i_
t
r
Smoking-caused productivity $ 1 92 m i l l ion
losses in North Dakota
Amounts do not include health costs caused by exposure to secondhand smoke smoking-caused fires smokeless tobacco use or cigar and pipe smoking Tobacco vse also imposes additional costs such as workplace productivity losses and damage to property
Tobacco Industry I nflue nce in North Dakota
Annual tobacco industry marketing expenditures nationwide
$85 bil l ion
Estimated portion spent for North Dakota marketing each $257 m il l ion
year
Published research studies have found that kids are twice as sensitive to tobacco advertising than adults and are more l ikely to be influenced to smoke by cigarette marketing than by peer pressure One-third of underage experimentation with smoking is attributable to tobacco company advertising
View sources of information
More detailed fact sheets on tobaccos toll in each state are avai lable by emailing factsheetstobaccofreekids org
CAMPAIGN middot ov
ToBA((o-fRpoundpound K ick
Guam $300 No Marianas Islands $1 75
MAP OF STATE CIGARETTE TAX RATES
Average State Cigarette Tax $1 48 per Pack
Average Cigarette Tax in M ajor Tobacco States 485 cents per Pack
Average Cigarette Tax in N on-Tobacco States $1 61 per Pack
TX $1 41
gt
$320 Puerto Rico $223
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate since 1 999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $ 1 00 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or h igher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages l i sted above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The major tobacco states with extensive tobacco farming and often cigarette manufacturin g are NC KY VA SC TN amp GA Federal cigarette tax is $1 01 per pack Not shown are the special taxes or fee s some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local g overnments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) N ew York City ($1 50) and Anchorage AK ($2206) The U S Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $ 1 047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn
For m o re information on state cigarette taxes and the benefits from increasing them see httpwwwtobaccofreekidsorgfacts issuesfact s h eetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1 400 I Street NW middot Suite 1 200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekid sorg
State Tax
Alabama $0425 Alaska $200 Arizona $200 Arkansas $1 1 5 California $087 Colorado $084 Connecticut $340 Delaware $1 60 DC $250 Florida $1 339 Georgia $037 Hawai i $320 Idaho $057 I l l inois $1 98
Indiana $0995 Iowa $ 1 36 Kansas $079 Kentucky $060
STATE CIGARETTE EXCISE TAX RATES amp RANKINGS
Overal l All States Average $1 48 per pack
Major Tobacco States Average 485 cents per pack Other States Average $1 61 per pack
Rank State Tax Rank State
47th Louisiana $036 49th Oklahoma 1 1 th Maine $200 1 1 th Oregon 1 1 th Maryland $200 1 1 th Pennsylvania 30th Massachusetts $251 9th Rhode Island 33rd Michigan $200 1 1 th South Carolina 34th Minnesota $1 23 28th South Dakota 3rd Mississippi $068 37th Tennessee
2 1 st Missouri $0 1 7 5 1 st Texas 1 0th Montana $1 70 1 7th Utah 26th Nebraska $064 38th Vermont 48th Nevada $080 35th Virginia 4th New Hampshire $ 1 68 1 9th Washington
42nd New Jersey $270 6th West Virgin ia 1 6th New Mexico $1 66 20th Wisconsin
32nd New York $435 1 st Wyoming 25th North Carolina $045 45th Puerto Rico 36th North Dakota $044 46th G uam 40th Ohio $ 1 25 27th Northern Marianas
Tax stamp Includes 75cent health 1mpact fee
Tax Rank
$1 03 3 1 st $1 1 8 29th $1 60 2 1 st $350 2nd $057 42nd $ 1 53 23rd $062 39th $1 41 24th $1 70 1 7th $262 7th $0 30 50th
$3025 5th $055 44th $2 52 8th $060 40th $223 NA $300 NA $1 75 NA
Table shows al l cigarette tax rates in effect now Since 2002 47 states DC and several US territories have increased their cigarette tax rates more than 1 05 times The three states in bold type have not increased their cigarette tax since 1 999 or earlier Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $1 00 per pack or higher 14 states DC and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $4 00 per pack Tobacco states are KY VA NC SC GA and TN States average includes DC but not Puerto Rico other U S territories or local cigarette taxes The median tax rate is $1 34 per pack AK M l MN MS UT also have special taxes or fees on brands of manufacturers not participating in the state tobacco lawsuit settlements (NPMs)
The highest combined state-local tax rate is $585 in New York City with Chicago IL second at $566 per pack Other high state-local rates include Evanston IL at $548 and Anchorage AK at $4206 per pack For more on local cigarette taxes see httptobaccofreekids orgresearchfactsheetspdf0267 pdf
Federal cigarette tax is $1 01 per pack From the beginning of 1 998 through 2002 the m ajor cigarette companies increased the prices they charge by more than $1 25 per pack (but also instituted aggressive retail-level discounting for competitive pu rposes and to reduce related consumption declines) In January 2003 Philip Morris instituted a 65-cent per pack price cut for four of its major brands to replace its retail-level discounting and fight sales losses to discount brands and R J Reynolds followed suit In the last several years the major cigarette companies have increased their product prices by almost $ 1 00 per pack The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs total $1047 per pack sold and consumed in the US The average price for a pack of cigarettes nationwide is roughly $600 (including statewide sales taxes but not local cigarette or sales taxes other than NYCs $1 50 per pack cigarette tax) with considerable state-to-state differences because of d ifferent state tax rates and different manufacturer wholesaler and retailer pricing and discounting practices AK DE MT NH amp OR have no state retai l sales tax at al l OK has a state sales tax but does not apply it to cigarettes MN amp DC apply a per-pack sales tax at the wholesale level and AL GA amp MO (unl ike the rest of the states) do not apply their state sales tax to that portion of retai l cigarette prices that represents the states cigarette excise tax
Campaign for Tobacco-Free Kids December 13 2012 I Ann Boonn
For additional i nformation see the Cam paigns website at httplwwwtobaccofreekidsorgwhat we dostate localtaxes
Sources Orzechowski amp Walker Tax Burden on Tobacco 201 1 media reports state revenue department websites
middot Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change ih the actual excise tax rates just the way that the rates are listed
1 400 I Street NW - Suite 1 200 - Washington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
CAMPAIGN kJI TOigtAltpound0-fRpoundpound
K ick
NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $156 CIGARETTE TAX INCREASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $ 1 048 per pack
Annual health care expend itures in North Dakota directly caused by tobacco use $247 m ill ion Smoking-caused state Med icaid program spending each year $47 m il lion
New Annual Revenue from Increasing the Cigarette Tax Rate by $156 Per Pack $4109 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate I nc rease
Percent decrease in youth smoking 240 Kids in North Dakota kept from becoming addicted adult smokers 9900 Current adult smokers in the state who would quit 800 Smoking-affected births avoided over next five years 1 500 North Dakota residents saved from premature smoking-caused death 5400 5-Year health care cost savings from fewer smoking-caused lung cancer cases $1 26 million
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $333 mill ion
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $233 mill ion
5-Year Medicaid program savings for the state $380000 Long-term health care cost savings in the state from adult amp youth smoking declines $35066 mil l ion
122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years wi l l similarly diminish or el iminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider al l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $2 00 per pack cigarette tax the states new OTP tax rate should be at least 60 of the wholesale price with m inimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoiciesltaxlus state local and httpllwwwacscanorqltobaccopoicy
For m ore on sources and calculations see httpllwwwtobaccofreekidsorglresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer A ction Network Melissa Maitin-Shepard
Explanations amp Notes Health care costs l isted at the top of the page are from the US Centers for Disease Control and P revention
Projections are based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the h igher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggl ing and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion http 1tobaccofreekids orgresearchfactsheetspdf027 4 pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate increase All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are l imited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also l imited because small tax increases are unl ikely to produce significant public health benefits
Ongoing red uctions in state smoking rates will over time gradually erode state cigarette tax revenues (in the absence of any new rate i ncreases) But those declines are more predictable and less volatile than many other state revenue sources such as state i ncome tax or corporate tax revenues (which can drop sharply during recessions) I n addition the smoking declines that reduce tobacco tax revenues will sim ultaneously produce m uch larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdfl0357 pdf
For more on sources and calculations see httpllwww tobaccofreekidsorqlresearchlfactsheetspdf0281 pdf
Needed State Efforts to Protect State Tobacco Tax Revenues Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qualifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on al l tobacco products to block tax evasion and promote tax equity No
H ig h-tech tax stamps to stop counterfeiting and other smuggl ing and tax evasion No
Retailers lose l icense if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
Testimony of Bill Shalhoob
Greater North Dakota Chamber of Commerce HB 1 3 87
January 29 20 1 3
Greater North Dakota Chamber
Mr Chairman and members of the committee My name is Bill Shalhoob and I am here today representing the Greater North Dakota Chamber of Commerce the champions for business in North Dakota GNDC is working to build the strongest business environment possible through its more than 1 1 00 business members as well as partnerships and coalitions with local chambers of commerce from across the state GNDC also represents the National Association of
Manufacturers and works closely with the US Chamber of Commerce As a group we stand in opposition to HB 1d urge a do not pass from your committee on the bill
nn GNDC has a long history of opposing excise taxes which we believe are onerous and unfair
We have a difficult time understanding this bill and the tax increase from 1 7 mills to 45 mills a
1 65 raise according to our math proposed in it North Dakota certainly does not need the
additional revenue that might come from this tax increase Our focus in this session is on tax decreases not increases If we are trying to do social engineering that is to discourage the practice the tax code is a poor place to do it If the goal is to eliminate smoking introduce a bil l prohibiting the sale or use of tobacco products in the state As witnessed by our experience with Minnesota increasing their cigarette tax with a health fee all we do is drive sales to a lower priced location by passing this bil l We see no acceptable reason to enact this tax
Thank you for the opportunity to appear before you today in opposition to HB 1 3 87 I would be happy to answer any questions
Champions Business
PO Box 2639 P 701middot222-0929 Bismarck NO 58502 F 701-222-1611
wwwndcharnbercorn
w - -I --------
North Dakota Retai l Association NO Petroleum Marketers Association
North Dakota Propane Gas Association
---- LEG S LAT VE BU LLET N Testimony- HB 1387
January 29 2013- House Finance and Tax Committee
Chairman Belter and Members of the House Finance and Tax Committee
We know any type of tax tends to put the squeeze on consumer spending potentially strain
household budgets and curb retail sales Which is exactly why the North Dakota Petroleum
Marketers Association and its 400 members from across the state are asking you to vote
NO on HB 1387
Passage of HB 1387 will burden North Dakotas lower Income Earners Cigarette
excise taxes are regressive in nature B ased on data from the Center for
Disease Control roughly 30 of adults in North Dakota who earn less than
$ 15000 are smokers whereas only 160 of adults who earn $50000 or
more are smokers Raising taxes will further unfairly burden low-income
earners
Passage of HB 1387 will harm the retail sector as well
Increasing the excise tax could hurt legitimate retailers when
adult smokers shift purchases to other outlets such as the internet This
would negatively affect North Dakota s 1 300 retailers
Even more pressing is the fear Passage of HB 1387 could increase illegal cigarette trafficking
An excise tax increase could provide incentives for smuggling and other
contraband activities resulting in lost revenues According to the Bureau of
1 02 5 North 3rd Street bull PO Box 1 9 5 6 bull Bismarck NO 58502 bull 701 -223-3370 bull Fax 7 0 1 -223-5004 Web Address ndretailorg bull ndpetroleumorg bull ndpropaneorg
Alcohol Tobacco Firearms and Explosives cigarette smuggling has
turned into a lucrative business for criminals who trade cigarettes and other
tobacco products on the black market Nationally its estimated $5 billion in
tax revenue annually is lost on the black market
For all of these reasons NDPMA is asking for a NO vote on HB 1387
Thank you for your time and consideration
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote
NORTH DAKOTA
Warn
Tobacco Counter-Marketing Media Intensity
CDC Best Practices recommendations translate into an average quarterly exposure of 1200 general audience gross raring points (GRPs) and 800 youth target raring points (TRPs) in effective anti-tobacco media campaigns North Dakota had an average of 10356 general audience GRPs and 1436 youth TRPs per quarter in television advertising supporting tobacco control messages in 2010
Anti-Tobacco Media Campaign Intensity G RPs Per Quarter
National
Median
2427 GRPs
General Audience
WORSE
North Dakota
Average 10356
GRPs (101h)
Source CDCOSH
Anti-Tobacco Media Campaign Intensity T RPs Per Quarter
National
Median
3 97TRPs
Youth (12-17Years)
WORSE
North
Dakota Average 1436 TRPs (13h)
Source CDCOSH
305
Knowledge of the Dangers of Tobacco
In North Dakota 657 of adults thought that breathing smoke from other peoples cigarettes or other tobacco products is very harmful to ones health in 2009-2010 Additionally 832 thought that cigarette smoking is very addictive
Secondhand Smoke
National
Average
656
WORSE
In North Dakota 657 of adults thought
__ secondhand smoke is very harmful The range
across all states was 721 to 559 North
Dakota ranked 17h
among the states
Source National Adult Tobacco Survey 2009-2010
Addictiveness of Smoking
National
Average
854
WORSE
In North Dakota 832 of adults thought that
smoking is very addictive The range across all states was
905 to 806 North __ Dakota ranked 45h among the states
Source National Adult Tobacco Survey 2009-2010
NORTH DAKOTA
Enforce
State Allows Local Advertising and Promotion Laws State Allows Local Laws
As ofJune 30 2012 North Dakota allowed local regulation of tobacco industry promotions tobacco product sampling and display of tobacco products in commercial establishments
Promotion t Sampling I Display
Yes Yes Yes Source STATE System June 2012
Over-the-Counter Retail Licensure
As of June 30 2012 North Dakota required all establishments selling cigarettes and smokeless tobacco products over-the-counter to be licensed Nationally 37
states required over-the-counter licensure for cigarettes 29 of which also have a requirement for smokeless tobacco with various renewal frequencies fees and penalties for violations
Over-the-Counter Licensure and Penalties
Over-the- Minimum I Renewal I Penalty to Licensure Counter License License Fee Required I Business Includes _ Rqired _ _ (amp Frequelcy) _ Sruo_kes Toacc
$1500
Yes Yes
bull Annually Note Not all footnotes may be used bull Class A Misdemeanor Fine or Imprisonment or both Source STATE System June 2012
306
NORTH DAKOTA
Raise
Amount of Tobacco Product Excise Tax
As of June 302012 the excise tax on cigarettes in North Dakora was $044 per pack ranking 46h among the states The tax on cigars was 28 of the wholesale purchase price per cigar and for little cigars the tax was 28 of the wholesale purchase price per pack of 20 The tax on chewing tobacco was $0 I 6 per ounce with snuff taxed at $060 per ounce
Amount of Cigarette Excise Tax
National
Median
$1339
WORSE
As of June 30 2012
North Dakota had a
$044 cigarette excise tax-ranking 461h
among the states The range across states was
$435 to $017 per pack
Source STATE System June 2012
307
Price Paid for Last Cigarettes Purchased
In North Dakota 656 of adult smokers bought their last cigarettes by the pack and 344 bought them by the carton in 2009-2010 The average price that North Dakota smokers reported paying for their last pack of cigarettes was $433 in 2009-201 0 the range among states was $798 to $404 The average price that North Dakota smokers reponed paying for their last carton of cigarettes was $3561 in 2009-2010 the range among 45
states with valid data was $6445 to $3046
CAMPAIGN ov ToBACco-fREE
Kirk-middot
bull
ancer Action jii
N EW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVI NGS FROM A $100 CIGARETTE TAX I N C REASE I N NORTH DAKOTA
Cu rrent state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $1 048 per pack
Annual health care expenditu res in North Dakota directly caused by tobacco use $247 m illion S mokin g-caused state Med icaid program spending each year $47 mi l l ion
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $325 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase Percent decrease in youth smoking 154
-- -- -------------------------------------
Kids in North Dakota kept from becoming addicted adult smokers 6300 ------------------ --------------------------------------------------------------------------------
Current adult smokers in the state who would quit 5200 -----------------------------------------------------------------
Smoking-affected births avoided over next five years 900 -- -- --------
North Dakota residents saved from premature smoking-caused death 3400 ----middot-------------------- ------------------------------------------- middot --
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000 ------------ -----------------------------------
5- Year health care cost savings from fewer smoking-affected pregnancies amp births $213 mil l ion f-------------------------------------------------------------------------------------------------------------------------5- Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 mil l ion r------------------------------------------------------------------------------------------------------5- Year Medicaid program savings for the state $240000 ------------------------------------------------------------------------------------------------------- -----------
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 mil l ion 122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly diminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new reven ues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider all aspects of state tax pol icy related to OTPs (incl uding the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category linked to the state cigarette tax rate on a per-package or pe r-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoliciesltaxlus state local and httpwwwacscanorqltobaccopolicv
For more on sources and calculations see httpllwwwtobaccofreekidsorgresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Explanations amp Notes
Health care costs l isted at the top of the page are from the US Centers for Disease Control and Prevention
Projections a re based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the higher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggling and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion httptobaccofreekidsorgresearchfactsh eetspdf0274pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate i ncrease All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are limited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also limited because small tax i ncreases are unl ikely to produce significant public health benefits
Ongoing reductions in state smoking rates wil l over time gradually erode state cigarette tax revenues (in the absence of any new rate increases) But those declines are more predictable and less volatile than many other state revenue sources such as state income tax or corporate tax revenues (which can drop sharply during recessions) In addition the smoking declines that reduce tobacco tax revenues will simultaneously produce much larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdf0357pdf
For more on sources and calculations see httplwww tobaccofreekidsorqresearchlfactsheetslpdf028 1pdf
Needed State Efforts to P rotect State Tobacco Tax Revenues
Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qual ifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on all tobacco products to block tax evasion and promote tax equity No
High-tech tax stamps to stop counterfeiting and other smuggling and tax evasion No
Retailers lose license if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
North Dakota Tobacco Prevention and Control Executive Comm ittee
Center for Tobacco Prevention and Control Policy 4023 State Street Suite 65 bull Bismarck N D 58503-0638
Phone 70 1 328 5 1 30 middot Fax 701 328 5 1 35 middot Tol l Free 1 877277 5090
Testimony House Bil l 1 387
1 0 00 am Jan uary 29 20 1 3 House F inance and Taxation Comm ittee
Good morning Chairman Belter and members of the House Finance and Tax Committee I am Jeanne Prom executive director of the N D Center for Tobacco Prevention and Control Policy
I ncreasing the tobacco tax sig nificantly wil l lead to a decrease in tobacco use in our state Tobacco use is the leading cause of preventable disease and death and the tol l of tobacco u se in North Dakota is hig h
bull An n ual health care costs in North Dakota directly caused by smoking $247 mil l ion bull Portion paid by the state Medicaid prog ram annually $47 mil l ion bull N u mber of North Dakota adu lts who will die from smoking this year 800 bull High school students who smoke 7 400 (1 94) bull Male hig h school students who use smokeless or spit tobacco 22 2 bull Kids u nder 1 8 who become new daily smokers each year 600
The North Dakota Tobacco Prevention and Control Advisory Committee in its plan Saving Lives - Saving Money North Dakota s Comprehensive State Plan to Prevent and Control Tobacco Use cal ls for a sig nificant increase in al l tobacco taxes - to $2pack - to keep kids from starting and prompt users to quit As you can see on the attachments North Dakotas tobacco tax is one of the lowest in the country at 44 centspack This tax hasnt been increased since 1 993 The low tax resu lts in inexpensive tobacco that is affordable to youth and populations with l imited incomes and high smoking rates High tobacco taxes work most effectively to cut use among lower-income smokers and young male smokeless tobacco users - two g roups that suffer disproportionately from the harms of tobacco use
Tobacco use and its health hazards are completely preventable Raising the tobacco tax to $2pack with a comparable tax amou nt on other tobacco products can be expected to
bull Decrease youth smoking by 24 bull Reduce the number of kids from becoming addicted adult smokers by 9 900 bull Reduce the n umber of adults in the state who smoke by 8 200 bull Save the state mil l ions of dol lars in smoking-related health care costs over j ust 5 years
Please consider H B 1 387 with amendments to i ncrease the tobacco tax to $2pack with a comparable tax increase on al l other tobacco products
Thank you for your time and consideration I am happy to respond to any questions
The To bacco i n N o rth Da kota Updated Dec 5 2012
The Tol l of Tobacco in North Dakota
High school students who 1 94 (7400)
smoke middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot
Male high school stuents who 222
S SrlkS r Pt
t
Kids (under 1 8) who become 600
-middot- -IY S- X
Kids exposed to secondhand 42000
smoke at home Packs of cigarettes bought or
1 9 m il l ion lt9 Y i
------ Xr
Adu lts in North Dakota who smoke
21 9 ( 1 1 6 600)
Due to changes in CDCs methodology the 20 1 1 adult smoking rate cannot be
compared to adult smoking data from previous years
US National Data (201 1 )
i- -ltl flin
rt
Male h igh school students who 1 28
use smokeless tobacco
- n9 1 g(
Deaths i n North Da kota from Sm oking
Adults who die each year from th
k 800
e1r own smo mg
Kids now under 1 8 and alive in North Dakota who will ultimately 1 1 000 die prematurely from smoking
Smoking kil ls more people than alcohol AIDS car crashes i l legal drugs murders and suiCides combined - and thousands more die from other tobacco-related
causes - such as fires caused by smoking (more than 1 000 deathsyear nationwidr d smokeless tobacco use
Sm oking-Caused Monetary Costs in North Dakota
Annual health care costs in North Dakota directly caused by$247 m i ll ion
ltn
Portion covered by the state $47 m il l ion
-ii P9--
Residents state amp federal tax burden from srnoking-caused $574 per house hold
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t
r
Smoking-caused productivity $ 1 92 m i l l ion
losses in North Dakota
Amounts do not include health costs caused by exposure to secondhand smoke smoking-caused fires smokeless tobacco use or cigar and pipe smoking Tobacco vse also imposes additional costs such as workplace productivity losses and damage to property
Tobacco Industry I nflue nce in North Dakota
Annual tobacco industry marketing expenditures nationwide
$85 bil l ion
Estimated portion spent for North Dakota marketing each $257 m il l ion
year
Published research studies have found that kids are twice as sensitive to tobacco advertising than adults and are more l ikely to be influenced to smoke by cigarette marketing than by peer pressure One-third of underage experimentation with smoking is attributable to tobacco company advertising
View sources of information
More detailed fact sheets on tobaccos toll in each state are avai lable by emailing factsheetstobaccofreekids org
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Guam $300 No Marianas Islands $1 75
MAP OF STATE CIGARETTE TAX RATES
Average State Cigarette Tax $1 48 per Pack
Average Cigarette Tax in M ajor Tobacco States 485 cents per Pack
Average Cigarette Tax in N on-Tobacco States $1 61 per Pack
TX $1 41
gt
$320 Puerto Rico $223
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate since 1 999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $ 1 00 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or h igher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages l i sted above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The major tobacco states with extensive tobacco farming and often cigarette manufacturin g are NC KY VA SC TN amp GA Federal cigarette tax is $1 01 per pack Not shown are the special taxes or fee s some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local g overnments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) N ew York City ($1 50) and Anchorage AK ($2206) The U S Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $ 1 047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn
For m o re information on state cigarette taxes and the benefits from increasing them see httpwwwtobaccofreekidsorgfacts issuesfact s h eetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1 400 I Street NW middot Suite 1 200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekid sorg
State Tax
Alabama $0425 Alaska $200 Arizona $200 Arkansas $1 1 5 California $087 Colorado $084 Connecticut $340 Delaware $1 60 DC $250 Florida $1 339 Georgia $037 Hawai i $320 Idaho $057 I l l inois $1 98
Indiana $0995 Iowa $ 1 36 Kansas $079 Kentucky $060
STATE CIGARETTE EXCISE TAX RATES amp RANKINGS
Overal l All States Average $1 48 per pack
Major Tobacco States Average 485 cents per pack Other States Average $1 61 per pack
Rank State Tax Rank State
47th Louisiana $036 49th Oklahoma 1 1 th Maine $200 1 1 th Oregon 1 1 th Maryland $200 1 1 th Pennsylvania 30th Massachusetts $251 9th Rhode Island 33rd Michigan $200 1 1 th South Carolina 34th Minnesota $1 23 28th South Dakota 3rd Mississippi $068 37th Tennessee
2 1 st Missouri $0 1 7 5 1 st Texas 1 0th Montana $1 70 1 7th Utah 26th Nebraska $064 38th Vermont 48th Nevada $080 35th Virginia 4th New Hampshire $ 1 68 1 9th Washington
42nd New Jersey $270 6th West Virgin ia 1 6th New Mexico $1 66 20th Wisconsin
32nd New York $435 1 st Wyoming 25th North Carolina $045 45th Puerto Rico 36th North Dakota $044 46th G uam 40th Ohio $ 1 25 27th Northern Marianas
Tax stamp Includes 75cent health 1mpact fee
Tax Rank
$1 03 3 1 st $1 1 8 29th $1 60 2 1 st $350 2nd $057 42nd $ 1 53 23rd $062 39th $1 41 24th $1 70 1 7th $262 7th $0 30 50th
$3025 5th $055 44th $2 52 8th $060 40th $223 NA $300 NA $1 75 NA
Table shows al l cigarette tax rates in effect now Since 2002 47 states DC and several US territories have increased their cigarette tax rates more than 1 05 times The three states in bold type have not increased their cigarette tax since 1 999 or earlier Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $1 00 per pack or higher 14 states DC and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $4 00 per pack Tobacco states are KY VA NC SC GA and TN States average includes DC but not Puerto Rico other U S territories or local cigarette taxes The median tax rate is $1 34 per pack AK M l MN MS UT also have special taxes or fees on brands of manufacturers not participating in the state tobacco lawsuit settlements (NPMs)
The highest combined state-local tax rate is $585 in New York City with Chicago IL second at $566 per pack Other high state-local rates include Evanston IL at $548 and Anchorage AK at $4206 per pack For more on local cigarette taxes see httptobaccofreekids orgresearchfactsheetspdf0267 pdf
Federal cigarette tax is $1 01 per pack From the beginning of 1 998 through 2002 the m ajor cigarette companies increased the prices they charge by more than $1 25 per pack (but also instituted aggressive retail-level discounting for competitive pu rposes and to reduce related consumption declines) In January 2003 Philip Morris instituted a 65-cent per pack price cut for four of its major brands to replace its retail-level discounting and fight sales losses to discount brands and R J Reynolds followed suit In the last several years the major cigarette companies have increased their product prices by almost $ 1 00 per pack The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs total $1047 per pack sold and consumed in the US The average price for a pack of cigarettes nationwide is roughly $600 (including statewide sales taxes but not local cigarette or sales taxes other than NYCs $1 50 per pack cigarette tax) with considerable state-to-state differences because of d ifferent state tax rates and different manufacturer wholesaler and retailer pricing and discounting practices AK DE MT NH amp OR have no state retai l sales tax at al l OK has a state sales tax but does not apply it to cigarettes MN amp DC apply a per-pack sales tax at the wholesale level and AL GA amp MO (unl ike the rest of the states) do not apply their state sales tax to that portion of retai l cigarette prices that represents the states cigarette excise tax
Campaign for Tobacco-Free Kids December 13 2012 I Ann Boonn
For additional i nformation see the Cam paigns website at httplwwwtobaccofreekidsorgwhat we dostate localtaxes
Sources Orzechowski amp Walker Tax Burden on Tobacco 201 1 media reports state revenue department websites
middot Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change ih the actual excise tax rates just the way that the rates are listed
1 400 I Street NW - Suite 1 200 - Washington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
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NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $156 CIGARETTE TAX INCREASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $ 1 048 per pack
Annual health care expend itures in North Dakota directly caused by tobacco use $247 m ill ion Smoking-caused state Med icaid program spending each year $47 m il lion
New Annual Revenue from Increasing the Cigarette Tax Rate by $156 Per Pack $4109 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate I nc rease
Percent decrease in youth smoking 240 Kids in North Dakota kept from becoming addicted adult smokers 9900 Current adult smokers in the state who would quit 800 Smoking-affected births avoided over next five years 1 500 North Dakota residents saved from premature smoking-caused death 5400 5-Year health care cost savings from fewer smoking-caused lung cancer cases $1 26 million
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $333 mill ion
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $233 mill ion
5-Year Medicaid program savings for the state $380000 Long-term health care cost savings in the state from adult amp youth smoking declines $35066 mil l ion
122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years wi l l similarly diminish or el iminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider al l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $2 00 per pack cigarette tax the states new OTP tax rate should be at least 60 of the wholesale price with m inimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoiciesltaxlus state local and httpllwwwacscanorqltobaccopoicy
For m ore on sources and calculations see httpllwwwtobaccofreekidsorglresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer A ction Network Melissa Maitin-Shepard
Explanations amp Notes Health care costs l isted at the top of the page are from the US Centers for Disease Control and P revention
Projections are based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the h igher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggl ing and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion http 1tobaccofreekids orgresearchfactsheetspdf027 4 pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate increase All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are l imited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also l imited because small tax increases are unl ikely to produce significant public health benefits
Ongoing red uctions in state smoking rates will over time gradually erode state cigarette tax revenues (in the absence of any new rate i ncreases) But those declines are more predictable and less volatile than many other state revenue sources such as state i ncome tax or corporate tax revenues (which can drop sharply during recessions) I n addition the smoking declines that reduce tobacco tax revenues will sim ultaneously produce m uch larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdfl0357 pdf
For more on sources and calculations see httpllwww tobaccofreekidsorqlresearchlfactsheetspdf0281 pdf
Needed State Efforts to Protect State Tobacco Tax Revenues Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qualifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on al l tobacco products to block tax evasion and promote tax equity No
H ig h-tech tax stamps to stop counterfeiting and other smuggl ing and tax evasion No
Retailers lose l icense if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
Testimony of Bill Shalhoob
Greater North Dakota Chamber of Commerce HB 1 3 87
January 29 20 1 3
Greater North Dakota Chamber
Mr Chairman and members of the committee My name is Bill Shalhoob and I am here today representing the Greater North Dakota Chamber of Commerce the champions for business in North Dakota GNDC is working to build the strongest business environment possible through its more than 1 1 00 business members as well as partnerships and coalitions with local chambers of commerce from across the state GNDC also represents the National Association of
Manufacturers and works closely with the US Chamber of Commerce As a group we stand in opposition to HB 1d urge a do not pass from your committee on the bill
nn GNDC has a long history of opposing excise taxes which we believe are onerous and unfair
We have a difficult time understanding this bill and the tax increase from 1 7 mills to 45 mills a
1 65 raise according to our math proposed in it North Dakota certainly does not need the
additional revenue that might come from this tax increase Our focus in this session is on tax decreases not increases If we are trying to do social engineering that is to discourage the practice the tax code is a poor place to do it If the goal is to eliminate smoking introduce a bil l prohibiting the sale or use of tobacco products in the state As witnessed by our experience with Minnesota increasing their cigarette tax with a health fee all we do is drive sales to a lower priced location by passing this bil l We see no acceptable reason to enact this tax
Thank you for the opportunity to appear before you today in opposition to HB 1 3 87 I would be happy to answer any questions
Champions Business
PO Box 2639 P 701middot222-0929 Bismarck NO 58502 F 701-222-1611
wwwndcharnbercorn
w - -I --------
North Dakota Retai l Association NO Petroleum Marketers Association
North Dakota Propane Gas Association
---- LEG S LAT VE BU LLET N Testimony- HB 1387
January 29 2013- House Finance and Tax Committee
Chairman Belter and Members of the House Finance and Tax Committee
We know any type of tax tends to put the squeeze on consumer spending potentially strain
household budgets and curb retail sales Which is exactly why the North Dakota Petroleum
Marketers Association and its 400 members from across the state are asking you to vote
NO on HB 1387
Passage of HB 1387 will burden North Dakotas lower Income Earners Cigarette
excise taxes are regressive in nature B ased on data from the Center for
Disease Control roughly 30 of adults in North Dakota who earn less than
$ 15000 are smokers whereas only 160 of adults who earn $50000 or
more are smokers Raising taxes will further unfairly burden low-income
earners
Passage of HB 1387 will harm the retail sector as well
Increasing the excise tax could hurt legitimate retailers when
adult smokers shift purchases to other outlets such as the internet This
would negatively affect North Dakota s 1 300 retailers
Even more pressing is the fear Passage of HB 1387 could increase illegal cigarette trafficking
An excise tax increase could provide incentives for smuggling and other
contraband activities resulting in lost revenues According to the Bureau of
1 02 5 North 3rd Street bull PO Box 1 9 5 6 bull Bismarck NO 58502 bull 701 -223-3370 bull Fax 7 0 1 -223-5004 Web Address ndretailorg bull ndpetroleumorg bull ndpropaneorg
Alcohol Tobacco Firearms and Explosives cigarette smuggling has
turned into a lucrative business for criminals who trade cigarettes and other
tobacco products on the black market Nationally its estimated $5 billion in
tax revenue annually is lost on the black market
For all of these reasons NDPMA is asking for a NO vote on HB 1387
Thank you for your time and consideration
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote
NORTH DAKOTA
Enforce
State Allows Local Advertising and Promotion Laws State Allows Local Laws
As ofJune 30 2012 North Dakota allowed local regulation of tobacco industry promotions tobacco product sampling and display of tobacco products in commercial establishments
Promotion t Sampling I Display
Yes Yes Yes Source STATE System June 2012
Over-the-Counter Retail Licensure
As of June 30 2012 North Dakota required all establishments selling cigarettes and smokeless tobacco products over-the-counter to be licensed Nationally 37
states required over-the-counter licensure for cigarettes 29 of which also have a requirement for smokeless tobacco with various renewal frequencies fees and penalties for violations
Over-the-Counter Licensure and Penalties
Over-the- Minimum I Renewal I Penalty to Licensure Counter License License Fee Required I Business Includes _ Rqired _ _ (amp Frequelcy) _ Sruo_kes Toacc
$1500
Yes Yes
bull Annually Note Not all footnotes may be used bull Class A Misdemeanor Fine or Imprisonment or both Source STATE System June 2012
306
NORTH DAKOTA
Raise
Amount of Tobacco Product Excise Tax
As of June 302012 the excise tax on cigarettes in North Dakora was $044 per pack ranking 46h among the states The tax on cigars was 28 of the wholesale purchase price per cigar and for little cigars the tax was 28 of the wholesale purchase price per pack of 20 The tax on chewing tobacco was $0 I 6 per ounce with snuff taxed at $060 per ounce
Amount of Cigarette Excise Tax
National
Median
$1339
WORSE
As of June 30 2012
North Dakota had a
$044 cigarette excise tax-ranking 461h
among the states The range across states was
$435 to $017 per pack
Source STATE System June 2012
307
Price Paid for Last Cigarettes Purchased
In North Dakota 656 of adult smokers bought their last cigarettes by the pack and 344 bought them by the carton in 2009-2010 The average price that North Dakota smokers reported paying for their last pack of cigarettes was $433 in 2009-201 0 the range among states was $798 to $404 The average price that North Dakota smokers reponed paying for their last carton of cigarettes was $3561 in 2009-2010 the range among 45
states with valid data was $6445 to $3046
CAMPAIGN ov ToBACco-fREE
Kirk-middot
bull
ancer Action jii
N EW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVI NGS FROM A $100 CIGARETTE TAX I N C REASE I N NORTH DAKOTA
Cu rrent state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $1 048 per pack
Annual health care expenditu res in North Dakota directly caused by tobacco use $247 m illion S mokin g-caused state Med icaid program spending each year $47 mi l l ion
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $325 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase Percent decrease in youth smoking 154
-- -- -------------------------------------
Kids in North Dakota kept from becoming addicted adult smokers 6300 ------------------ --------------------------------------------------------------------------------
Current adult smokers in the state who would quit 5200 -----------------------------------------------------------------
Smoking-affected births avoided over next five years 900 -- -- --------
North Dakota residents saved from premature smoking-caused death 3400 ----middot-------------------- ------------------------------------------- middot --
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000 ------------ -----------------------------------
5- Year health care cost savings from fewer smoking-affected pregnancies amp births $213 mil l ion f-------------------------------------------------------------------------------------------------------------------------5- Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 mil l ion r------------------------------------------------------------------------------------------------------5- Year Medicaid program savings for the state $240000 ------------------------------------------------------------------------------------------------------- -----------
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 mil l ion 122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly diminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new reven ues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider all aspects of state tax pol icy related to OTPs (incl uding the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category linked to the state cigarette tax rate on a per-package or pe r-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoliciesltaxlus state local and httpwwwacscanorqltobaccopolicv
For more on sources and calculations see httpllwwwtobaccofreekidsorgresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Explanations amp Notes
Health care costs l isted at the top of the page are from the US Centers for Disease Control and Prevention
Projections a re based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the higher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggling and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion httptobaccofreekidsorgresearchfactsh eetspdf0274pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate i ncrease All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are limited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also limited because small tax i ncreases are unl ikely to produce significant public health benefits
Ongoing reductions in state smoking rates wil l over time gradually erode state cigarette tax revenues (in the absence of any new rate increases) But those declines are more predictable and less volatile than many other state revenue sources such as state income tax or corporate tax revenues (which can drop sharply during recessions) In addition the smoking declines that reduce tobacco tax revenues will simultaneously produce much larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdf0357pdf
For more on sources and calculations see httplwww tobaccofreekidsorqresearchlfactsheetslpdf028 1pdf
Needed State Efforts to P rotect State Tobacco Tax Revenues
Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qual ifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on all tobacco products to block tax evasion and promote tax equity No
High-tech tax stamps to stop counterfeiting and other smuggling and tax evasion No
Retailers lose license if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
North Dakota Tobacco Prevention and Control Executive Comm ittee
Center for Tobacco Prevention and Control Policy 4023 State Street Suite 65 bull Bismarck N D 58503-0638
Phone 70 1 328 5 1 30 middot Fax 701 328 5 1 35 middot Tol l Free 1 877277 5090
Testimony House Bil l 1 387
1 0 00 am Jan uary 29 20 1 3 House F inance and Taxation Comm ittee
Good morning Chairman Belter and members of the House Finance and Tax Committee I am Jeanne Prom executive director of the N D Center for Tobacco Prevention and Control Policy
I ncreasing the tobacco tax sig nificantly wil l lead to a decrease in tobacco use in our state Tobacco use is the leading cause of preventable disease and death and the tol l of tobacco u se in North Dakota is hig h
bull An n ual health care costs in North Dakota directly caused by smoking $247 mil l ion bull Portion paid by the state Medicaid prog ram annually $47 mil l ion bull N u mber of North Dakota adu lts who will die from smoking this year 800 bull High school students who smoke 7 400 (1 94) bull Male hig h school students who use smokeless or spit tobacco 22 2 bull Kids u nder 1 8 who become new daily smokers each year 600
The North Dakota Tobacco Prevention and Control Advisory Committee in its plan Saving Lives - Saving Money North Dakota s Comprehensive State Plan to Prevent and Control Tobacco Use cal ls for a sig nificant increase in al l tobacco taxes - to $2pack - to keep kids from starting and prompt users to quit As you can see on the attachments North Dakotas tobacco tax is one of the lowest in the country at 44 centspack This tax hasnt been increased since 1 993 The low tax resu lts in inexpensive tobacco that is affordable to youth and populations with l imited incomes and high smoking rates High tobacco taxes work most effectively to cut use among lower-income smokers and young male smokeless tobacco users - two g roups that suffer disproportionately from the harms of tobacco use
Tobacco use and its health hazards are completely preventable Raising the tobacco tax to $2pack with a comparable tax amou nt on other tobacco products can be expected to
bull Decrease youth smoking by 24 bull Reduce the number of kids from becoming addicted adult smokers by 9 900 bull Reduce the n umber of adults in the state who smoke by 8 200 bull Save the state mil l ions of dol lars in smoking-related health care costs over j ust 5 years
Please consider H B 1 387 with amendments to i ncrease the tobacco tax to $2pack with a comparable tax increase on al l other tobacco products
Thank you for your time and consideration I am happy to respond to any questions
The To bacco i n N o rth Da kota Updated Dec 5 2012
The Tol l of Tobacco in North Dakota
High school students who 1 94 (7400)
smoke middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot
Male high school stuents who 222
S SrlkS r Pt
t
Kids (under 1 8) who become 600
-middot- -IY S- X
Kids exposed to secondhand 42000
smoke at home Packs of cigarettes bought or
1 9 m il l ion lt9 Y i
------ Xr
Adu lts in North Dakota who smoke
21 9 ( 1 1 6 600)
Due to changes in CDCs methodology the 20 1 1 adult smoking rate cannot be
compared to adult smoking data from previous years
US National Data (201 1 )
i- -ltl flin
rt
Male h igh school students who 1 28
use smokeless tobacco
- n9 1 g(
Deaths i n North Da kota from Sm oking
Adults who die each year from th
k 800
e1r own smo mg
Kids now under 1 8 and alive in North Dakota who will ultimately 1 1 000 die prematurely from smoking
Smoking kil ls more people than alcohol AIDS car crashes i l legal drugs murders and suiCides combined - and thousands more die from other tobacco-related
causes - such as fires caused by smoking (more than 1 000 deathsyear nationwidr d smokeless tobacco use
Sm oking-Caused Monetary Costs in North Dakota
Annual health care costs in North Dakota directly caused by$247 m i ll ion
ltn
Portion covered by the state $47 m il l ion
-ii P9--
Residents state amp federal tax burden from srnoking-caused $574 per house hold
V-nt Pn i_
t
r
Smoking-caused productivity $ 1 92 m i l l ion
losses in North Dakota
Amounts do not include health costs caused by exposure to secondhand smoke smoking-caused fires smokeless tobacco use or cigar and pipe smoking Tobacco vse also imposes additional costs such as workplace productivity losses and damage to property
Tobacco Industry I nflue nce in North Dakota
Annual tobacco industry marketing expenditures nationwide
$85 bil l ion
Estimated portion spent for North Dakota marketing each $257 m il l ion
year
Published research studies have found that kids are twice as sensitive to tobacco advertising than adults and are more l ikely to be influenced to smoke by cigarette marketing than by peer pressure One-third of underage experimentation with smoking is attributable to tobacco company advertising
View sources of information
More detailed fact sheets on tobaccos toll in each state are avai lable by emailing factsheetstobaccofreekids org
CAMPAIGN middot ov
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Guam $300 No Marianas Islands $1 75
MAP OF STATE CIGARETTE TAX RATES
Average State Cigarette Tax $1 48 per Pack
Average Cigarette Tax in M ajor Tobacco States 485 cents per Pack
Average Cigarette Tax in N on-Tobacco States $1 61 per Pack
TX $1 41
gt
$320 Puerto Rico $223
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate since 1 999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $ 1 00 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or h igher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages l i sted above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The major tobacco states with extensive tobacco farming and often cigarette manufacturin g are NC KY VA SC TN amp GA Federal cigarette tax is $1 01 per pack Not shown are the special taxes or fee s some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local g overnments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) N ew York City ($1 50) and Anchorage AK ($2206) The U S Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $ 1 047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn
For m o re information on state cigarette taxes and the benefits from increasing them see httpwwwtobaccofreekidsorgfacts issuesfact s h eetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1 400 I Street NW middot Suite 1 200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekid sorg
State Tax
Alabama $0425 Alaska $200 Arizona $200 Arkansas $1 1 5 California $087 Colorado $084 Connecticut $340 Delaware $1 60 DC $250 Florida $1 339 Georgia $037 Hawai i $320 Idaho $057 I l l inois $1 98
Indiana $0995 Iowa $ 1 36 Kansas $079 Kentucky $060
STATE CIGARETTE EXCISE TAX RATES amp RANKINGS
Overal l All States Average $1 48 per pack
Major Tobacco States Average 485 cents per pack Other States Average $1 61 per pack
Rank State Tax Rank State
47th Louisiana $036 49th Oklahoma 1 1 th Maine $200 1 1 th Oregon 1 1 th Maryland $200 1 1 th Pennsylvania 30th Massachusetts $251 9th Rhode Island 33rd Michigan $200 1 1 th South Carolina 34th Minnesota $1 23 28th South Dakota 3rd Mississippi $068 37th Tennessee
2 1 st Missouri $0 1 7 5 1 st Texas 1 0th Montana $1 70 1 7th Utah 26th Nebraska $064 38th Vermont 48th Nevada $080 35th Virginia 4th New Hampshire $ 1 68 1 9th Washington
42nd New Jersey $270 6th West Virgin ia 1 6th New Mexico $1 66 20th Wisconsin
32nd New York $435 1 st Wyoming 25th North Carolina $045 45th Puerto Rico 36th North Dakota $044 46th G uam 40th Ohio $ 1 25 27th Northern Marianas
Tax stamp Includes 75cent health 1mpact fee
Tax Rank
$1 03 3 1 st $1 1 8 29th $1 60 2 1 st $350 2nd $057 42nd $ 1 53 23rd $062 39th $1 41 24th $1 70 1 7th $262 7th $0 30 50th
$3025 5th $055 44th $2 52 8th $060 40th $223 NA $300 NA $1 75 NA
Table shows al l cigarette tax rates in effect now Since 2002 47 states DC and several US territories have increased their cigarette tax rates more than 1 05 times The three states in bold type have not increased their cigarette tax since 1 999 or earlier Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $1 00 per pack or higher 14 states DC and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $4 00 per pack Tobacco states are KY VA NC SC GA and TN States average includes DC but not Puerto Rico other U S territories or local cigarette taxes The median tax rate is $1 34 per pack AK M l MN MS UT also have special taxes or fees on brands of manufacturers not participating in the state tobacco lawsuit settlements (NPMs)
The highest combined state-local tax rate is $585 in New York City with Chicago IL second at $566 per pack Other high state-local rates include Evanston IL at $548 and Anchorage AK at $4206 per pack For more on local cigarette taxes see httptobaccofreekids orgresearchfactsheetspdf0267 pdf
Federal cigarette tax is $1 01 per pack From the beginning of 1 998 through 2002 the m ajor cigarette companies increased the prices they charge by more than $1 25 per pack (but also instituted aggressive retail-level discounting for competitive pu rposes and to reduce related consumption declines) In January 2003 Philip Morris instituted a 65-cent per pack price cut for four of its major brands to replace its retail-level discounting and fight sales losses to discount brands and R J Reynolds followed suit In the last several years the major cigarette companies have increased their product prices by almost $ 1 00 per pack The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs total $1047 per pack sold and consumed in the US The average price for a pack of cigarettes nationwide is roughly $600 (including statewide sales taxes but not local cigarette or sales taxes other than NYCs $1 50 per pack cigarette tax) with considerable state-to-state differences because of d ifferent state tax rates and different manufacturer wholesaler and retailer pricing and discounting practices AK DE MT NH amp OR have no state retai l sales tax at al l OK has a state sales tax but does not apply it to cigarettes MN amp DC apply a per-pack sales tax at the wholesale level and AL GA amp MO (unl ike the rest of the states) do not apply their state sales tax to that portion of retai l cigarette prices that represents the states cigarette excise tax
Campaign for Tobacco-Free Kids December 13 2012 I Ann Boonn
For additional i nformation see the Cam paigns website at httplwwwtobaccofreekidsorgwhat we dostate localtaxes
Sources Orzechowski amp Walker Tax Burden on Tobacco 201 1 media reports state revenue department websites
middot Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change ih the actual excise tax rates just the way that the rates are listed
1 400 I Street NW - Suite 1 200 - Washington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
CAMPAIGN kJI TOigtAltpound0-fRpoundpound
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NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $156 CIGARETTE TAX INCREASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $ 1 048 per pack
Annual health care expend itures in North Dakota directly caused by tobacco use $247 m ill ion Smoking-caused state Med icaid program spending each year $47 m il lion
New Annual Revenue from Increasing the Cigarette Tax Rate by $156 Per Pack $4109 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate I nc rease
Percent decrease in youth smoking 240 Kids in North Dakota kept from becoming addicted adult smokers 9900 Current adult smokers in the state who would quit 800 Smoking-affected births avoided over next five years 1 500 North Dakota residents saved from premature smoking-caused death 5400 5-Year health care cost savings from fewer smoking-caused lung cancer cases $1 26 million
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $333 mill ion
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $233 mill ion
5-Year Medicaid program savings for the state $380000 Long-term health care cost savings in the state from adult amp youth smoking declines $35066 mil l ion
122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years wi l l similarly diminish or el iminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider al l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $2 00 per pack cigarette tax the states new OTP tax rate should be at least 60 of the wholesale price with m inimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoiciesltaxlus state local and httpllwwwacscanorqltobaccopoicy
For m ore on sources and calculations see httpllwwwtobaccofreekidsorglresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer A ction Network Melissa Maitin-Shepard
Explanations amp Notes Health care costs l isted at the top of the page are from the US Centers for Disease Control and P revention
Projections are based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the h igher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggl ing and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion http 1tobaccofreekids orgresearchfactsheetspdf027 4 pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate increase All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are l imited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also l imited because small tax increases are unl ikely to produce significant public health benefits
Ongoing red uctions in state smoking rates will over time gradually erode state cigarette tax revenues (in the absence of any new rate i ncreases) But those declines are more predictable and less volatile than many other state revenue sources such as state i ncome tax or corporate tax revenues (which can drop sharply during recessions) I n addition the smoking declines that reduce tobacco tax revenues will sim ultaneously produce m uch larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdfl0357 pdf
For more on sources and calculations see httpllwww tobaccofreekidsorqlresearchlfactsheetspdf0281 pdf
Needed State Efforts to Protect State Tobacco Tax Revenues Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qualifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on al l tobacco products to block tax evasion and promote tax equity No
H ig h-tech tax stamps to stop counterfeiting and other smuggl ing and tax evasion No
Retailers lose l icense if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
Testimony of Bill Shalhoob
Greater North Dakota Chamber of Commerce HB 1 3 87
January 29 20 1 3
Greater North Dakota Chamber
Mr Chairman and members of the committee My name is Bill Shalhoob and I am here today representing the Greater North Dakota Chamber of Commerce the champions for business in North Dakota GNDC is working to build the strongest business environment possible through its more than 1 1 00 business members as well as partnerships and coalitions with local chambers of commerce from across the state GNDC also represents the National Association of
Manufacturers and works closely with the US Chamber of Commerce As a group we stand in opposition to HB 1d urge a do not pass from your committee on the bill
nn GNDC has a long history of opposing excise taxes which we believe are onerous and unfair
We have a difficult time understanding this bill and the tax increase from 1 7 mills to 45 mills a
1 65 raise according to our math proposed in it North Dakota certainly does not need the
additional revenue that might come from this tax increase Our focus in this session is on tax decreases not increases If we are trying to do social engineering that is to discourage the practice the tax code is a poor place to do it If the goal is to eliminate smoking introduce a bil l prohibiting the sale or use of tobacco products in the state As witnessed by our experience with Minnesota increasing their cigarette tax with a health fee all we do is drive sales to a lower priced location by passing this bil l We see no acceptable reason to enact this tax
Thank you for the opportunity to appear before you today in opposition to HB 1 3 87 I would be happy to answer any questions
Champions Business
PO Box 2639 P 701middot222-0929 Bismarck NO 58502 F 701-222-1611
wwwndcharnbercorn
w - -I --------
North Dakota Retai l Association NO Petroleum Marketers Association
North Dakota Propane Gas Association
---- LEG S LAT VE BU LLET N Testimony- HB 1387
January 29 2013- House Finance and Tax Committee
Chairman Belter and Members of the House Finance and Tax Committee
We know any type of tax tends to put the squeeze on consumer spending potentially strain
household budgets and curb retail sales Which is exactly why the North Dakota Petroleum
Marketers Association and its 400 members from across the state are asking you to vote
NO on HB 1387
Passage of HB 1387 will burden North Dakotas lower Income Earners Cigarette
excise taxes are regressive in nature B ased on data from the Center for
Disease Control roughly 30 of adults in North Dakota who earn less than
$ 15000 are smokers whereas only 160 of adults who earn $50000 or
more are smokers Raising taxes will further unfairly burden low-income
earners
Passage of HB 1387 will harm the retail sector as well
Increasing the excise tax could hurt legitimate retailers when
adult smokers shift purchases to other outlets such as the internet This
would negatively affect North Dakota s 1 300 retailers
Even more pressing is the fear Passage of HB 1387 could increase illegal cigarette trafficking
An excise tax increase could provide incentives for smuggling and other
contraband activities resulting in lost revenues According to the Bureau of
1 02 5 North 3rd Street bull PO Box 1 9 5 6 bull Bismarck NO 58502 bull 701 -223-3370 bull Fax 7 0 1 -223-5004 Web Address ndretailorg bull ndpetroleumorg bull ndpropaneorg
Alcohol Tobacco Firearms and Explosives cigarette smuggling has
turned into a lucrative business for criminals who trade cigarettes and other
tobacco products on the black market Nationally its estimated $5 billion in
tax revenue annually is lost on the black market
For all of these reasons NDPMA is asking for a NO vote on HB 1387
Thank you for your time and consideration
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote
NORTH DAKOTA
Raise
Amount of Tobacco Product Excise Tax
As of June 302012 the excise tax on cigarettes in North Dakora was $044 per pack ranking 46h among the states The tax on cigars was 28 of the wholesale purchase price per cigar and for little cigars the tax was 28 of the wholesale purchase price per pack of 20 The tax on chewing tobacco was $0 I 6 per ounce with snuff taxed at $060 per ounce
Amount of Cigarette Excise Tax
National
Median
$1339
WORSE
As of June 30 2012
North Dakota had a
$044 cigarette excise tax-ranking 461h
among the states The range across states was
$435 to $017 per pack
Source STATE System June 2012
307
Price Paid for Last Cigarettes Purchased
In North Dakota 656 of adult smokers bought their last cigarettes by the pack and 344 bought them by the carton in 2009-2010 The average price that North Dakota smokers reported paying for their last pack of cigarettes was $433 in 2009-201 0 the range among states was $798 to $404 The average price that North Dakota smokers reponed paying for their last carton of cigarettes was $3561 in 2009-2010 the range among 45
states with valid data was $6445 to $3046
CAMPAIGN ov ToBACco-fREE
Kirk-middot
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ancer Action jii
N EW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVI NGS FROM A $100 CIGARETTE TAX I N C REASE I N NORTH DAKOTA
Cu rrent state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $1 048 per pack
Annual health care expenditu res in North Dakota directly caused by tobacco use $247 m illion S mokin g-caused state Med icaid program spending each year $47 mi l l ion
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $325 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase Percent decrease in youth smoking 154
-- -- -------------------------------------
Kids in North Dakota kept from becoming addicted adult smokers 6300 ------------------ --------------------------------------------------------------------------------
Current adult smokers in the state who would quit 5200 -----------------------------------------------------------------
Smoking-affected births avoided over next five years 900 -- -- --------
North Dakota residents saved from premature smoking-caused death 3400 ----middot-------------------- ------------------------------------------- middot --
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000 ------------ -----------------------------------
5- Year health care cost savings from fewer smoking-affected pregnancies amp births $213 mil l ion f-------------------------------------------------------------------------------------------------------------------------5- Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 mil l ion r------------------------------------------------------------------------------------------------------5- Year Medicaid program savings for the state $240000 ------------------------------------------------------------------------------------------------------- -----------
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 mil l ion 122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly diminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new reven ues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider all aspects of state tax pol icy related to OTPs (incl uding the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category linked to the state cigarette tax rate on a per-package or pe r-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoliciesltaxlus state local and httpwwwacscanorqltobaccopolicv
For more on sources and calculations see httpllwwwtobaccofreekidsorgresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Explanations amp Notes
Health care costs l isted at the top of the page are from the US Centers for Disease Control and Prevention
Projections a re based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the higher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggling and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion httptobaccofreekidsorgresearchfactsh eetspdf0274pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate i ncrease All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are limited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also limited because small tax i ncreases are unl ikely to produce significant public health benefits
Ongoing reductions in state smoking rates wil l over time gradually erode state cigarette tax revenues (in the absence of any new rate increases) But those declines are more predictable and less volatile than many other state revenue sources such as state income tax or corporate tax revenues (which can drop sharply during recessions) In addition the smoking declines that reduce tobacco tax revenues will simultaneously produce much larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdf0357pdf
For more on sources and calculations see httplwww tobaccofreekidsorqresearchlfactsheetslpdf028 1pdf
Needed State Efforts to P rotect State Tobacco Tax Revenues
Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qual ifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on all tobacco products to block tax evasion and promote tax equity No
High-tech tax stamps to stop counterfeiting and other smuggling and tax evasion No
Retailers lose license if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
North Dakota Tobacco Prevention and Control Executive Comm ittee
Center for Tobacco Prevention and Control Policy 4023 State Street Suite 65 bull Bismarck N D 58503-0638
Phone 70 1 328 5 1 30 middot Fax 701 328 5 1 35 middot Tol l Free 1 877277 5090
Testimony House Bil l 1 387
1 0 00 am Jan uary 29 20 1 3 House F inance and Taxation Comm ittee
Good morning Chairman Belter and members of the House Finance and Tax Committee I am Jeanne Prom executive director of the N D Center for Tobacco Prevention and Control Policy
I ncreasing the tobacco tax sig nificantly wil l lead to a decrease in tobacco use in our state Tobacco use is the leading cause of preventable disease and death and the tol l of tobacco u se in North Dakota is hig h
bull An n ual health care costs in North Dakota directly caused by smoking $247 mil l ion bull Portion paid by the state Medicaid prog ram annually $47 mil l ion bull N u mber of North Dakota adu lts who will die from smoking this year 800 bull High school students who smoke 7 400 (1 94) bull Male hig h school students who use smokeless or spit tobacco 22 2 bull Kids u nder 1 8 who become new daily smokers each year 600
The North Dakota Tobacco Prevention and Control Advisory Committee in its plan Saving Lives - Saving Money North Dakota s Comprehensive State Plan to Prevent and Control Tobacco Use cal ls for a sig nificant increase in al l tobacco taxes - to $2pack - to keep kids from starting and prompt users to quit As you can see on the attachments North Dakotas tobacco tax is one of the lowest in the country at 44 centspack This tax hasnt been increased since 1 993 The low tax resu lts in inexpensive tobacco that is affordable to youth and populations with l imited incomes and high smoking rates High tobacco taxes work most effectively to cut use among lower-income smokers and young male smokeless tobacco users - two g roups that suffer disproportionately from the harms of tobacco use
Tobacco use and its health hazards are completely preventable Raising the tobacco tax to $2pack with a comparable tax amou nt on other tobacco products can be expected to
bull Decrease youth smoking by 24 bull Reduce the number of kids from becoming addicted adult smokers by 9 900 bull Reduce the n umber of adults in the state who smoke by 8 200 bull Save the state mil l ions of dol lars in smoking-related health care costs over j ust 5 years
Please consider H B 1 387 with amendments to i ncrease the tobacco tax to $2pack with a comparable tax increase on al l other tobacco products
Thank you for your time and consideration I am happy to respond to any questions
The To bacco i n N o rth Da kota Updated Dec 5 2012
The Tol l of Tobacco in North Dakota
High school students who 1 94 (7400)
smoke middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot
Male high school stuents who 222
S SrlkS r Pt
t
Kids (under 1 8) who become 600
-middot- -IY S- X
Kids exposed to secondhand 42000
smoke at home Packs of cigarettes bought or
1 9 m il l ion lt9 Y i
------ Xr
Adu lts in North Dakota who smoke
21 9 ( 1 1 6 600)
Due to changes in CDCs methodology the 20 1 1 adult smoking rate cannot be
compared to adult smoking data from previous years
US National Data (201 1 )
i- -ltl flin
rt
Male h igh school students who 1 28
use smokeless tobacco
- n9 1 g(
Deaths i n North Da kota from Sm oking
Adults who die each year from th
k 800
e1r own smo mg
Kids now under 1 8 and alive in North Dakota who will ultimately 1 1 000 die prematurely from smoking
Smoking kil ls more people than alcohol AIDS car crashes i l legal drugs murders and suiCides combined - and thousands more die from other tobacco-related
causes - such as fires caused by smoking (more than 1 000 deathsyear nationwidr d smokeless tobacco use
Sm oking-Caused Monetary Costs in North Dakota
Annual health care costs in North Dakota directly caused by$247 m i ll ion
ltn
Portion covered by the state $47 m il l ion
-ii P9--
Residents state amp federal tax burden from srnoking-caused $574 per house hold
V-nt Pn i_
t
r
Smoking-caused productivity $ 1 92 m i l l ion
losses in North Dakota
Amounts do not include health costs caused by exposure to secondhand smoke smoking-caused fires smokeless tobacco use or cigar and pipe smoking Tobacco vse also imposes additional costs such as workplace productivity losses and damage to property
Tobacco Industry I nflue nce in North Dakota
Annual tobacco industry marketing expenditures nationwide
$85 bil l ion
Estimated portion spent for North Dakota marketing each $257 m il l ion
year
Published research studies have found that kids are twice as sensitive to tobacco advertising than adults and are more l ikely to be influenced to smoke by cigarette marketing than by peer pressure One-third of underage experimentation with smoking is attributable to tobacco company advertising
View sources of information
More detailed fact sheets on tobaccos toll in each state are avai lable by emailing factsheetstobaccofreekids org
CAMPAIGN middot ov
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Guam $300 No Marianas Islands $1 75
MAP OF STATE CIGARETTE TAX RATES
Average State Cigarette Tax $1 48 per Pack
Average Cigarette Tax in M ajor Tobacco States 485 cents per Pack
Average Cigarette Tax in N on-Tobacco States $1 61 per Pack
TX $1 41
gt
$320 Puerto Rico $223
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate since 1 999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $ 1 00 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or h igher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages l i sted above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The major tobacco states with extensive tobacco farming and often cigarette manufacturin g are NC KY VA SC TN amp GA Federal cigarette tax is $1 01 per pack Not shown are the special taxes or fee s some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local g overnments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) N ew York City ($1 50) and Anchorage AK ($2206) The U S Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $ 1 047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn
For m o re information on state cigarette taxes and the benefits from increasing them see httpwwwtobaccofreekidsorgfacts issuesfact s h eetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1 400 I Street NW middot Suite 1 200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekid sorg
State Tax
Alabama $0425 Alaska $200 Arizona $200 Arkansas $1 1 5 California $087 Colorado $084 Connecticut $340 Delaware $1 60 DC $250 Florida $1 339 Georgia $037 Hawai i $320 Idaho $057 I l l inois $1 98
Indiana $0995 Iowa $ 1 36 Kansas $079 Kentucky $060
STATE CIGARETTE EXCISE TAX RATES amp RANKINGS
Overal l All States Average $1 48 per pack
Major Tobacco States Average 485 cents per pack Other States Average $1 61 per pack
Rank State Tax Rank State
47th Louisiana $036 49th Oklahoma 1 1 th Maine $200 1 1 th Oregon 1 1 th Maryland $200 1 1 th Pennsylvania 30th Massachusetts $251 9th Rhode Island 33rd Michigan $200 1 1 th South Carolina 34th Minnesota $1 23 28th South Dakota 3rd Mississippi $068 37th Tennessee
2 1 st Missouri $0 1 7 5 1 st Texas 1 0th Montana $1 70 1 7th Utah 26th Nebraska $064 38th Vermont 48th Nevada $080 35th Virginia 4th New Hampshire $ 1 68 1 9th Washington
42nd New Jersey $270 6th West Virgin ia 1 6th New Mexico $1 66 20th Wisconsin
32nd New York $435 1 st Wyoming 25th North Carolina $045 45th Puerto Rico 36th North Dakota $044 46th G uam 40th Ohio $ 1 25 27th Northern Marianas
Tax stamp Includes 75cent health 1mpact fee
Tax Rank
$1 03 3 1 st $1 1 8 29th $1 60 2 1 st $350 2nd $057 42nd $ 1 53 23rd $062 39th $1 41 24th $1 70 1 7th $262 7th $0 30 50th
$3025 5th $055 44th $2 52 8th $060 40th $223 NA $300 NA $1 75 NA
Table shows al l cigarette tax rates in effect now Since 2002 47 states DC and several US territories have increased their cigarette tax rates more than 1 05 times The three states in bold type have not increased their cigarette tax since 1 999 or earlier Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $1 00 per pack or higher 14 states DC and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $4 00 per pack Tobacco states are KY VA NC SC GA and TN States average includes DC but not Puerto Rico other U S territories or local cigarette taxes The median tax rate is $1 34 per pack AK M l MN MS UT also have special taxes or fees on brands of manufacturers not participating in the state tobacco lawsuit settlements (NPMs)
The highest combined state-local tax rate is $585 in New York City with Chicago IL second at $566 per pack Other high state-local rates include Evanston IL at $548 and Anchorage AK at $4206 per pack For more on local cigarette taxes see httptobaccofreekids orgresearchfactsheetspdf0267 pdf
Federal cigarette tax is $1 01 per pack From the beginning of 1 998 through 2002 the m ajor cigarette companies increased the prices they charge by more than $1 25 per pack (but also instituted aggressive retail-level discounting for competitive pu rposes and to reduce related consumption declines) In January 2003 Philip Morris instituted a 65-cent per pack price cut for four of its major brands to replace its retail-level discounting and fight sales losses to discount brands and R J Reynolds followed suit In the last several years the major cigarette companies have increased their product prices by almost $ 1 00 per pack The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs total $1047 per pack sold and consumed in the US The average price for a pack of cigarettes nationwide is roughly $600 (including statewide sales taxes but not local cigarette or sales taxes other than NYCs $1 50 per pack cigarette tax) with considerable state-to-state differences because of d ifferent state tax rates and different manufacturer wholesaler and retailer pricing and discounting practices AK DE MT NH amp OR have no state retai l sales tax at al l OK has a state sales tax but does not apply it to cigarettes MN amp DC apply a per-pack sales tax at the wholesale level and AL GA amp MO (unl ike the rest of the states) do not apply their state sales tax to that portion of retai l cigarette prices that represents the states cigarette excise tax
Campaign for Tobacco-Free Kids December 13 2012 I Ann Boonn
For additional i nformation see the Cam paigns website at httplwwwtobaccofreekidsorgwhat we dostate localtaxes
Sources Orzechowski amp Walker Tax Burden on Tobacco 201 1 media reports state revenue department websites
middot Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change ih the actual excise tax rates just the way that the rates are listed
1 400 I Street NW - Suite 1 200 - Washington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
CAMPAIGN kJI TOigtAltpound0-fRpoundpound
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NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $156 CIGARETTE TAX INCREASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $ 1 048 per pack
Annual health care expend itures in North Dakota directly caused by tobacco use $247 m ill ion Smoking-caused state Med icaid program spending each year $47 m il lion
New Annual Revenue from Increasing the Cigarette Tax Rate by $156 Per Pack $4109 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate I nc rease
Percent decrease in youth smoking 240 Kids in North Dakota kept from becoming addicted adult smokers 9900 Current adult smokers in the state who would quit 800 Smoking-affected births avoided over next five years 1 500 North Dakota residents saved from premature smoking-caused death 5400 5-Year health care cost savings from fewer smoking-caused lung cancer cases $1 26 million
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $333 mill ion
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $233 mill ion
5-Year Medicaid program savings for the state $380000 Long-term health care cost savings in the state from adult amp youth smoking declines $35066 mil l ion
122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years wi l l similarly diminish or el iminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider al l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $2 00 per pack cigarette tax the states new OTP tax rate should be at least 60 of the wholesale price with m inimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoiciesltaxlus state local and httpllwwwacscanorqltobaccopoicy
For m ore on sources and calculations see httpllwwwtobaccofreekidsorglresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer A ction Network Melissa Maitin-Shepard
Explanations amp Notes Health care costs l isted at the top of the page are from the US Centers for Disease Control and P revention
Projections are based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the h igher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggl ing and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion http 1tobaccofreekids orgresearchfactsheetspdf027 4 pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate increase All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are l imited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also l imited because small tax increases are unl ikely to produce significant public health benefits
Ongoing red uctions in state smoking rates will over time gradually erode state cigarette tax revenues (in the absence of any new rate i ncreases) But those declines are more predictable and less volatile than many other state revenue sources such as state i ncome tax or corporate tax revenues (which can drop sharply during recessions) I n addition the smoking declines that reduce tobacco tax revenues will sim ultaneously produce m uch larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdfl0357 pdf
For more on sources and calculations see httpllwww tobaccofreekidsorqlresearchlfactsheetspdf0281 pdf
Needed State Efforts to Protect State Tobacco Tax Revenues Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qualifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on al l tobacco products to block tax evasion and promote tax equity No
H ig h-tech tax stamps to stop counterfeiting and other smuggl ing and tax evasion No
Retailers lose l icense if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
Testimony of Bill Shalhoob
Greater North Dakota Chamber of Commerce HB 1 3 87
January 29 20 1 3
Greater North Dakota Chamber
Mr Chairman and members of the committee My name is Bill Shalhoob and I am here today representing the Greater North Dakota Chamber of Commerce the champions for business in North Dakota GNDC is working to build the strongest business environment possible through its more than 1 1 00 business members as well as partnerships and coalitions with local chambers of commerce from across the state GNDC also represents the National Association of
Manufacturers and works closely with the US Chamber of Commerce As a group we stand in opposition to HB 1d urge a do not pass from your committee on the bill
nn GNDC has a long history of opposing excise taxes which we believe are onerous and unfair
We have a difficult time understanding this bill and the tax increase from 1 7 mills to 45 mills a
1 65 raise according to our math proposed in it North Dakota certainly does not need the
additional revenue that might come from this tax increase Our focus in this session is on tax decreases not increases If we are trying to do social engineering that is to discourage the practice the tax code is a poor place to do it If the goal is to eliminate smoking introduce a bil l prohibiting the sale or use of tobacco products in the state As witnessed by our experience with Minnesota increasing their cigarette tax with a health fee all we do is drive sales to a lower priced location by passing this bil l We see no acceptable reason to enact this tax
Thank you for the opportunity to appear before you today in opposition to HB 1 3 87 I would be happy to answer any questions
Champions Business
PO Box 2639 P 701middot222-0929 Bismarck NO 58502 F 701-222-1611
wwwndcharnbercorn
w - -I --------
North Dakota Retai l Association NO Petroleum Marketers Association
North Dakota Propane Gas Association
---- LEG S LAT VE BU LLET N Testimony- HB 1387
January 29 2013- House Finance and Tax Committee
Chairman Belter and Members of the House Finance and Tax Committee
We know any type of tax tends to put the squeeze on consumer spending potentially strain
household budgets and curb retail sales Which is exactly why the North Dakota Petroleum
Marketers Association and its 400 members from across the state are asking you to vote
NO on HB 1387
Passage of HB 1387 will burden North Dakotas lower Income Earners Cigarette
excise taxes are regressive in nature B ased on data from the Center for
Disease Control roughly 30 of adults in North Dakota who earn less than
$ 15000 are smokers whereas only 160 of adults who earn $50000 or
more are smokers Raising taxes will further unfairly burden low-income
earners
Passage of HB 1387 will harm the retail sector as well
Increasing the excise tax could hurt legitimate retailers when
adult smokers shift purchases to other outlets such as the internet This
would negatively affect North Dakota s 1 300 retailers
Even more pressing is the fear Passage of HB 1387 could increase illegal cigarette trafficking
An excise tax increase could provide incentives for smuggling and other
contraband activities resulting in lost revenues According to the Bureau of
1 02 5 North 3rd Street bull PO Box 1 9 5 6 bull Bismarck NO 58502 bull 701 -223-3370 bull Fax 7 0 1 -223-5004 Web Address ndretailorg bull ndpetroleumorg bull ndpropaneorg
Alcohol Tobacco Firearms and Explosives cigarette smuggling has
turned into a lucrative business for criminals who trade cigarettes and other
tobacco products on the black market Nationally its estimated $5 billion in
tax revenue annually is lost on the black market
For all of these reasons NDPMA is asking for a NO vote on HB 1387
Thank you for your time and consideration
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote
CAMPAIGN ov ToBACco-fREE
Kirk-middot
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N EW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVI NGS FROM A $100 CIGARETTE TAX I N C REASE I N NORTH DAKOTA
Cu rrent state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $1 048 per pack
Annual health care expenditu res in North Dakota directly caused by tobacco use $247 m illion S mokin g-caused state Med icaid program spending each year $47 mi l l ion
New Annual Revenue from Increasing the Cigarette Tax Rate by $100 Per Pack $325 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate Increase Percent decrease in youth smoking 154
-- -- -------------------------------------
Kids in North Dakota kept from becoming addicted adult smokers 6300 ------------------ --------------------------------------------------------------------------------
Current adult smokers in the state who would quit 5200 -----------------------------------------------------------------
Smoking-affected births avoided over next five years 900 -- -- --------
North Dakota residents saved from premature smoking-caused death 3400 ----middot-------------------- ------------------------------------------- middot --
5-Year health care cost savings from fewer smoking-caused lung cancer cases $800000 ------------ -----------------------------------
5- Year health care cost savings from fewer smoking-affected pregnancies amp births $213 mil l ion f-------------------------------------------------------------------------------------------------------------------------5- Year health care cost savings from fewer smoking-caused heart attacks amp strokes $149 mil l ion r------------------------------------------------------------------------------------------------------5- Year Medicaid program savings for the state $240000 ------------------------------------------------------------------------------------------------------- -----------
Long-term health care cost savings in the state from adult amp youth smoking declines $22291 mil l ion 122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years will similarly diminish or eliminate the public health benefits and related cost savings (as well as reduce the amount of new reven ues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider all aspects of state tax pol icy related to OTPs (incl uding the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $1 44 per pack cigarette tax the states new OTP tax rate should be at least 45 of the wholesale price with minimum tax rates for each major OTP category linked to the state cigarette tax rate on a per-package or pe r-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoliciesltaxlus state local and httpwwwacscanorqltobaccopolicv
For more on sources and calculations see httpllwwwtobaccofreekidsorgresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer Action Network Melissa Maitin-Shepard
Explanations amp Notes
Health care costs l isted at the top of the page are from the US Centers for Disease Control and Prevention
Projections a re based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the higher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggling and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion httptobaccofreekidsorgresearchfactsh eetspdf0274pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate i ncrease All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are limited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also limited because small tax i ncreases are unl ikely to produce significant public health benefits
Ongoing reductions in state smoking rates wil l over time gradually erode state cigarette tax revenues (in the absence of any new rate increases) But those declines are more predictable and less volatile than many other state revenue sources such as state income tax or corporate tax revenues (which can drop sharply during recessions) In addition the smoking declines that reduce tobacco tax revenues will simultaneously produce much larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdf0357pdf
For more on sources and calculations see httplwww tobaccofreekidsorqresearchlfactsheetslpdf028 1pdf
Needed State Efforts to P rotect State Tobacco Tax Revenues
Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qual ifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on all tobacco products to block tax evasion and promote tax equity No
High-tech tax stamps to stop counterfeiting and other smuggling and tax evasion No
Retailers lose license if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
North Dakota Tobacco Prevention and Control Executive Comm ittee
Center for Tobacco Prevention and Control Policy 4023 State Street Suite 65 bull Bismarck N D 58503-0638
Phone 70 1 328 5 1 30 middot Fax 701 328 5 1 35 middot Tol l Free 1 877277 5090
Testimony House Bil l 1 387
1 0 00 am Jan uary 29 20 1 3 House F inance and Taxation Comm ittee
Good morning Chairman Belter and members of the House Finance and Tax Committee I am Jeanne Prom executive director of the N D Center for Tobacco Prevention and Control Policy
I ncreasing the tobacco tax sig nificantly wil l lead to a decrease in tobacco use in our state Tobacco use is the leading cause of preventable disease and death and the tol l of tobacco u se in North Dakota is hig h
bull An n ual health care costs in North Dakota directly caused by smoking $247 mil l ion bull Portion paid by the state Medicaid prog ram annually $47 mil l ion bull N u mber of North Dakota adu lts who will die from smoking this year 800 bull High school students who smoke 7 400 (1 94) bull Male hig h school students who use smokeless or spit tobacco 22 2 bull Kids u nder 1 8 who become new daily smokers each year 600
The North Dakota Tobacco Prevention and Control Advisory Committee in its plan Saving Lives - Saving Money North Dakota s Comprehensive State Plan to Prevent and Control Tobacco Use cal ls for a sig nificant increase in al l tobacco taxes - to $2pack - to keep kids from starting and prompt users to quit As you can see on the attachments North Dakotas tobacco tax is one of the lowest in the country at 44 centspack This tax hasnt been increased since 1 993 The low tax resu lts in inexpensive tobacco that is affordable to youth and populations with l imited incomes and high smoking rates High tobacco taxes work most effectively to cut use among lower-income smokers and young male smokeless tobacco users - two g roups that suffer disproportionately from the harms of tobacco use
Tobacco use and its health hazards are completely preventable Raising the tobacco tax to $2pack with a comparable tax amou nt on other tobacco products can be expected to
bull Decrease youth smoking by 24 bull Reduce the number of kids from becoming addicted adult smokers by 9 900 bull Reduce the n umber of adults in the state who smoke by 8 200 bull Save the state mil l ions of dol lars in smoking-related health care costs over j ust 5 years
Please consider H B 1 387 with amendments to i ncrease the tobacco tax to $2pack with a comparable tax increase on al l other tobacco products
Thank you for your time and consideration I am happy to respond to any questions
The To bacco i n N o rth Da kota Updated Dec 5 2012
The Tol l of Tobacco in North Dakota
High school students who 1 94 (7400)
smoke middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot
Male high school stuents who 222
S SrlkS r Pt
t
Kids (under 1 8) who become 600
-middot- -IY S- X
Kids exposed to secondhand 42000
smoke at home Packs of cigarettes bought or
1 9 m il l ion lt9 Y i
------ Xr
Adu lts in North Dakota who smoke
21 9 ( 1 1 6 600)
Due to changes in CDCs methodology the 20 1 1 adult smoking rate cannot be
compared to adult smoking data from previous years
US National Data (201 1 )
i- -ltl flin
rt
Male h igh school students who 1 28
use smokeless tobacco
- n9 1 g(
Deaths i n North Da kota from Sm oking
Adults who die each year from th
k 800
e1r own smo mg
Kids now under 1 8 and alive in North Dakota who will ultimately 1 1 000 die prematurely from smoking
Smoking kil ls more people than alcohol AIDS car crashes i l legal drugs murders and suiCides combined - and thousands more die from other tobacco-related
causes - such as fires caused by smoking (more than 1 000 deathsyear nationwidr d smokeless tobacco use
Sm oking-Caused Monetary Costs in North Dakota
Annual health care costs in North Dakota directly caused by$247 m i ll ion
ltn
Portion covered by the state $47 m il l ion
-ii P9--
Residents state amp federal tax burden from srnoking-caused $574 per house hold
V-nt Pn i_
t
r
Smoking-caused productivity $ 1 92 m i l l ion
losses in North Dakota
Amounts do not include health costs caused by exposure to secondhand smoke smoking-caused fires smokeless tobacco use or cigar and pipe smoking Tobacco vse also imposes additional costs such as workplace productivity losses and damage to property
Tobacco Industry I nflue nce in North Dakota
Annual tobacco industry marketing expenditures nationwide
$85 bil l ion
Estimated portion spent for North Dakota marketing each $257 m il l ion
year
Published research studies have found that kids are twice as sensitive to tobacco advertising than adults and are more l ikely to be influenced to smoke by cigarette marketing than by peer pressure One-third of underage experimentation with smoking is attributable to tobacco company advertising
View sources of information
More detailed fact sheets on tobaccos toll in each state are avai lable by emailing factsheetstobaccofreekids org
CAMPAIGN middot ov
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Guam $300 No Marianas Islands $1 75
MAP OF STATE CIGARETTE TAX RATES
Average State Cigarette Tax $1 48 per Pack
Average Cigarette Tax in M ajor Tobacco States 485 cents per Pack
Average Cigarette Tax in N on-Tobacco States $1 61 per Pack
TX $1 41
gt
$320 Puerto Rico $223
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate since 1 999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $ 1 00 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or h igher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages l i sted above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The major tobacco states with extensive tobacco farming and often cigarette manufacturin g are NC KY VA SC TN amp GA Federal cigarette tax is $1 01 per pack Not shown are the special taxes or fee s some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local g overnments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) N ew York City ($1 50) and Anchorage AK ($2206) The U S Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $ 1 047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn
For m o re information on state cigarette taxes and the benefits from increasing them see httpwwwtobaccofreekidsorgfacts issuesfact s h eetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1 400 I Street NW middot Suite 1 200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekid sorg
State Tax
Alabama $0425 Alaska $200 Arizona $200 Arkansas $1 1 5 California $087 Colorado $084 Connecticut $340 Delaware $1 60 DC $250 Florida $1 339 Georgia $037 Hawai i $320 Idaho $057 I l l inois $1 98
Indiana $0995 Iowa $ 1 36 Kansas $079 Kentucky $060
STATE CIGARETTE EXCISE TAX RATES amp RANKINGS
Overal l All States Average $1 48 per pack
Major Tobacco States Average 485 cents per pack Other States Average $1 61 per pack
Rank State Tax Rank State
47th Louisiana $036 49th Oklahoma 1 1 th Maine $200 1 1 th Oregon 1 1 th Maryland $200 1 1 th Pennsylvania 30th Massachusetts $251 9th Rhode Island 33rd Michigan $200 1 1 th South Carolina 34th Minnesota $1 23 28th South Dakota 3rd Mississippi $068 37th Tennessee
2 1 st Missouri $0 1 7 5 1 st Texas 1 0th Montana $1 70 1 7th Utah 26th Nebraska $064 38th Vermont 48th Nevada $080 35th Virginia 4th New Hampshire $ 1 68 1 9th Washington
42nd New Jersey $270 6th West Virgin ia 1 6th New Mexico $1 66 20th Wisconsin
32nd New York $435 1 st Wyoming 25th North Carolina $045 45th Puerto Rico 36th North Dakota $044 46th G uam 40th Ohio $ 1 25 27th Northern Marianas
Tax stamp Includes 75cent health 1mpact fee
Tax Rank
$1 03 3 1 st $1 1 8 29th $1 60 2 1 st $350 2nd $057 42nd $ 1 53 23rd $062 39th $1 41 24th $1 70 1 7th $262 7th $0 30 50th
$3025 5th $055 44th $2 52 8th $060 40th $223 NA $300 NA $1 75 NA
Table shows al l cigarette tax rates in effect now Since 2002 47 states DC and several US territories have increased their cigarette tax rates more than 1 05 times The three states in bold type have not increased their cigarette tax since 1 999 or earlier Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $1 00 per pack or higher 14 states DC and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $4 00 per pack Tobacco states are KY VA NC SC GA and TN States average includes DC but not Puerto Rico other U S territories or local cigarette taxes The median tax rate is $1 34 per pack AK M l MN MS UT also have special taxes or fees on brands of manufacturers not participating in the state tobacco lawsuit settlements (NPMs)
The highest combined state-local tax rate is $585 in New York City with Chicago IL second at $566 per pack Other high state-local rates include Evanston IL at $548 and Anchorage AK at $4206 per pack For more on local cigarette taxes see httptobaccofreekids orgresearchfactsheetspdf0267 pdf
Federal cigarette tax is $1 01 per pack From the beginning of 1 998 through 2002 the m ajor cigarette companies increased the prices they charge by more than $1 25 per pack (but also instituted aggressive retail-level discounting for competitive pu rposes and to reduce related consumption declines) In January 2003 Philip Morris instituted a 65-cent per pack price cut for four of its major brands to replace its retail-level discounting and fight sales losses to discount brands and R J Reynolds followed suit In the last several years the major cigarette companies have increased their product prices by almost $ 1 00 per pack The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs total $1047 per pack sold and consumed in the US The average price for a pack of cigarettes nationwide is roughly $600 (including statewide sales taxes but not local cigarette or sales taxes other than NYCs $1 50 per pack cigarette tax) with considerable state-to-state differences because of d ifferent state tax rates and different manufacturer wholesaler and retailer pricing and discounting practices AK DE MT NH amp OR have no state retai l sales tax at al l OK has a state sales tax but does not apply it to cigarettes MN amp DC apply a per-pack sales tax at the wholesale level and AL GA amp MO (unl ike the rest of the states) do not apply their state sales tax to that portion of retai l cigarette prices that represents the states cigarette excise tax
Campaign for Tobacco-Free Kids December 13 2012 I Ann Boonn
For additional i nformation see the Cam paigns website at httplwwwtobaccofreekidsorgwhat we dostate localtaxes
Sources Orzechowski amp Walker Tax Burden on Tobacco 201 1 media reports state revenue department websites
middot Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change ih the actual excise tax rates just the way that the rates are listed
1 400 I Street NW - Suite 1 200 - Washington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
CAMPAIGN kJI TOigtAltpound0-fRpoundpound
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NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $156 CIGARETTE TAX INCREASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $ 1 048 per pack
Annual health care expend itures in North Dakota directly caused by tobacco use $247 m ill ion Smoking-caused state Med icaid program spending each year $47 m il lion
New Annual Revenue from Increasing the Cigarette Tax Rate by $156 Per Pack $4109 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate I nc rease
Percent decrease in youth smoking 240 Kids in North Dakota kept from becoming addicted adult smokers 9900 Current adult smokers in the state who would quit 800 Smoking-affected births avoided over next five years 1 500 North Dakota residents saved from premature smoking-caused death 5400 5-Year health care cost savings from fewer smoking-caused lung cancer cases $1 26 million
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $333 mill ion
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $233 mill ion
5-Year Medicaid program savings for the state $380000 Long-term health care cost savings in the state from adult amp youth smoking declines $35066 mil l ion
122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years wi l l similarly diminish or el iminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider al l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $2 00 per pack cigarette tax the states new OTP tax rate should be at least 60 of the wholesale price with m inimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoiciesltaxlus state local and httpllwwwacscanorqltobaccopoicy
For m ore on sources and calculations see httpllwwwtobaccofreekidsorglresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer A ction Network Melissa Maitin-Shepard
Explanations amp Notes Health care costs l isted at the top of the page are from the US Centers for Disease Control and P revention
Projections are based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the h igher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggl ing and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion http 1tobaccofreekids orgresearchfactsheetspdf027 4 pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate increase All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are l imited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also l imited because small tax increases are unl ikely to produce significant public health benefits
Ongoing red uctions in state smoking rates will over time gradually erode state cigarette tax revenues (in the absence of any new rate i ncreases) But those declines are more predictable and less volatile than many other state revenue sources such as state i ncome tax or corporate tax revenues (which can drop sharply during recessions) I n addition the smoking declines that reduce tobacco tax revenues will sim ultaneously produce m uch larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdfl0357 pdf
For more on sources and calculations see httpllwww tobaccofreekidsorqlresearchlfactsheetspdf0281 pdf
Needed State Efforts to Protect State Tobacco Tax Revenues Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qualifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on al l tobacco products to block tax evasion and promote tax equity No
H ig h-tech tax stamps to stop counterfeiting and other smuggl ing and tax evasion No
Retailers lose l icense if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
Testimony of Bill Shalhoob
Greater North Dakota Chamber of Commerce HB 1 3 87
January 29 20 1 3
Greater North Dakota Chamber
Mr Chairman and members of the committee My name is Bill Shalhoob and I am here today representing the Greater North Dakota Chamber of Commerce the champions for business in North Dakota GNDC is working to build the strongest business environment possible through its more than 1 1 00 business members as well as partnerships and coalitions with local chambers of commerce from across the state GNDC also represents the National Association of
Manufacturers and works closely with the US Chamber of Commerce As a group we stand in opposition to HB 1d urge a do not pass from your committee on the bill
nn GNDC has a long history of opposing excise taxes which we believe are onerous and unfair
We have a difficult time understanding this bill and the tax increase from 1 7 mills to 45 mills a
1 65 raise according to our math proposed in it North Dakota certainly does not need the
additional revenue that might come from this tax increase Our focus in this session is on tax decreases not increases If we are trying to do social engineering that is to discourage the practice the tax code is a poor place to do it If the goal is to eliminate smoking introduce a bil l prohibiting the sale or use of tobacco products in the state As witnessed by our experience with Minnesota increasing their cigarette tax with a health fee all we do is drive sales to a lower priced location by passing this bil l We see no acceptable reason to enact this tax
Thank you for the opportunity to appear before you today in opposition to HB 1 3 87 I would be happy to answer any questions
Champions Business
PO Box 2639 P 701middot222-0929 Bismarck NO 58502 F 701-222-1611
wwwndcharnbercorn
w - -I --------
North Dakota Retai l Association NO Petroleum Marketers Association
North Dakota Propane Gas Association
---- LEG S LAT VE BU LLET N Testimony- HB 1387
January 29 2013- House Finance and Tax Committee
Chairman Belter and Members of the House Finance and Tax Committee
We know any type of tax tends to put the squeeze on consumer spending potentially strain
household budgets and curb retail sales Which is exactly why the North Dakota Petroleum
Marketers Association and its 400 members from across the state are asking you to vote
NO on HB 1387
Passage of HB 1387 will burden North Dakotas lower Income Earners Cigarette
excise taxes are regressive in nature B ased on data from the Center for
Disease Control roughly 30 of adults in North Dakota who earn less than
$ 15000 are smokers whereas only 160 of adults who earn $50000 or
more are smokers Raising taxes will further unfairly burden low-income
earners
Passage of HB 1387 will harm the retail sector as well
Increasing the excise tax could hurt legitimate retailers when
adult smokers shift purchases to other outlets such as the internet This
would negatively affect North Dakota s 1 300 retailers
Even more pressing is the fear Passage of HB 1387 could increase illegal cigarette trafficking
An excise tax increase could provide incentives for smuggling and other
contraband activities resulting in lost revenues According to the Bureau of
1 02 5 North 3rd Street bull PO Box 1 9 5 6 bull Bismarck NO 58502 bull 701 -223-3370 bull Fax 7 0 1 -223-5004 Web Address ndretailorg bull ndpetroleumorg bull ndpropaneorg
Alcohol Tobacco Firearms and Explosives cigarette smuggling has
turned into a lucrative business for criminals who trade cigarettes and other
tobacco products on the black market Nationally its estimated $5 billion in
tax revenue annually is lost on the black market
For all of these reasons NDPMA is asking for a NO vote on HB 1387
Thank you for your time and consideration
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote
Explanations amp Notes
Health care costs l isted at the top of the page are from the US Centers for Disease Control and Prevention
Projections a re based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the higher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggling and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion httptobaccofreekidsorgresearchfactsh eetspdf0274pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate i ncrease All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are limited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also limited because small tax i ncreases are unl ikely to produce significant public health benefits
Ongoing reductions in state smoking rates wil l over time gradually erode state cigarette tax revenues (in the absence of any new rate increases) But those declines are more predictable and less volatile than many other state revenue sources such as state income tax or corporate tax revenues (which can drop sharply during recessions) In addition the smoking declines that reduce tobacco tax revenues will simultaneously produce much larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdf0357pdf
For more on sources and calculations see httplwww tobaccofreekidsorqresearchlfactsheetslpdf028 1pdf
Needed State Efforts to P rotect State Tobacco Tax Revenues
Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qual ifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on all tobacco products to block tax evasion and promote tax equity No
High-tech tax stamps to stop counterfeiting and other smuggling and tax evasion No
Retailers lose license if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
North Dakota Tobacco Prevention and Control Executive Comm ittee
Center for Tobacco Prevention and Control Policy 4023 State Street Suite 65 bull Bismarck N D 58503-0638
Phone 70 1 328 5 1 30 middot Fax 701 328 5 1 35 middot Tol l Free 1 877277 5090
Testimony House Bil l 1 387
1 0 00 am Jan uary 29 20 1 3 House F inance and Taxation Comm ittee
Good morning Chairman Belter and members of the House Finance and Tax Committee I am Jeanne Prom executive director of the N D Center for Tobacco Prevention and Control Policy
I ncreasing the tobacco tax sig nificantly wil l lead to a decrease in tobacco use in our state Tobacco use is the leading cause of preventable disease and death and the tol l of tobacco u se in North Dakota is hig h
bull An n ual health care costs in North Dakota directly caused by smoking $247 mil l ion bull Portion paid by the state Medicaid prog ram annually $47 mil l ion bull N u mber of North Dakota adu lts who will die from smoking this year 800 bull High school students who smoke 7 400 (1 94) bull Male hig h school students who use smokeless or spit tobacco 22 2 bull Kids u nder 1 8 who become new daily smokers each year 600
The North Dakota Tobacco Prevention and Control Advisory Committee in its plan Saving Lives - Saving Money North Dakota s Comprehensive State Plan to Prevent and Control Tobacco Use cal ls for a sig nificant increase in al l tobacco taxes - to $2pack - to keep kids from starting and prompt users to quit As you can see on the attachments North Dakotas tobacco tax is one of the lowest in the country at 44 centspack This tax hasnt been increased since 1 993 The low tax resu lts in inexpensive tobacco that is affordable to youth and populations with l imited incomes and high smoking rates High tobacco taxes work most effectively to cut use among lower-income smokers and young male smokeless tobacco users - two g roups that suffer disproportionately from the harms of tobacco use
Tobacco use and its health hazards are completely preventable Raising the tobacco tax to $2pack with a comparable tax amou nt on other tobacco products can be expected to
bull Decrease youth smoking by 24 bull Reduce the number of kids from becoming addicted adult smokers by 9 900 bull Reduce the n umber of adults in the state who smoke by 8 200 bull Save the state mil l ions of dol lars in smoking-related health care costs over j ust 5 years
Please consider H B 1 387 with amendments to i ncrease the tobacco tax to $2pack with a comparable tax increase on al l other tobacco products
Thank you for your time and consideration I am happy to respond to any questions
The To bacco i n N o rth Da kota Updated Dec 5 2012
The Tol l of Tobacco in North Dakota
High school students who 1 94 (7400)
smoke middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot
Male high school stuents who 222
S SrlkS r Pt
t
Kids (under 1 8) who become 600
-middot- -IY S- X
Kids exposed to secondhand 42000
smoke at home Packs of cigarettes bought or
1 9 m il l ion lt9 Y i
------ Xr
Adu lts in North Dakota who smoke
21 9 ( 1 1 6 600)
Due to changes in CDCs methodology the 20 1 1 adult smoking rate cannot be
compared to adult smoking data from previous years
US National Data (201 1 )
i- -ltl flin
rt
Male h igh school students who 1 28
use smokeless tobacco
- n9 1 g(
Deaths i n North Da kota from Sm oking
Adults who die each year from th
k 800
e1r own smo mg
Kids now under 1 8 and alive in North Dakota who will ultimately 1 1 000 die prematurely from smoking
Smoking kil ls more people than alcohol AIDS car crashes i l legal drugs murders and suiCides combined - and thousands more die from other tobacco-related
causes - such as fires caused by smoking (more than 1 000 deathsyear nationwidr d smokeless tobacco use
Sm oking-Caused Monetary Costs in North Dakota
Annual health care costs in North Dakota directly caused by$247 m i ll ion
ltn
Portion covered by the state $47 m il l ion
-ii P9--
Residents state amp federal tax burden from srnoking-caused $574 per house hold
V-nt Pn i_
t
r
Smoking-caused productivity $ 1 92 m i l l ion
losses in North Dakota
Amounts do not include health costs caused by exposure to secondhand smoke smoking-caused fires smokeless tobacco use or cigar and pipe smoking Tobacco vse also imposes additional costs such as workplace productivity losses and damage to property
Tobacco Industry I nflue nce in North Dakota
Annual tobacco industry marketing expenditures nationwide
$85 bil l ion
Estimated portion spent for North Dakota marketing each $257 m il l ion
year
Published research studies have found that kids are twice as sensitive to tobacco advertising than adults and are more l ikely to be influenced to smoke by cigarette marketing than by peer pressure One-third of underage experimentation with smoking is attributable to tobacco company advertising
View sources of information
More detailed fact sheets on tobaccos toll in each state are avai lable by emailing factsheetstobaccofreekids org
CAMPAIGN middot ov
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Guam $300 No Marianas Islands $1 75
MAP OF STATE CIGARETTE TAX RATES
Average State Cigarette Tax $1 48 per Pack
Average Cigarette Tax in M ajor Tobacco States 485 cents per Pack
Average Cigarette Tax in N on-Tobacco States $1 61 per Pack
TX $1 41
gt
$320 Puerto Rico $223
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate since 1 999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $ 1 00 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or h igher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages l i sted above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The major tobacco states with extensive tobacco farming and often cigarette manufacturin g are NC KY VA SC TN amp GA Federal cigarette tax is $1 01 per pack Not shown are the special taxes or fee s some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local g overnments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) N ew York City ($1 50) and Anchorage AK ($2206) The U S Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $ 1 047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn
For m o re information on state cigarette taxes and the benefits from increasing them see httpwwwtobaccofreekidsorgfacts issuesfact s h eetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1 400 I Street NW middot Suite 1 200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekid sorg
State Tax
Alabama $0425 Alaska $200 Arizona $200 Arkansas $1 1 5 California $087 Colorado $084 Connecticut $340 Delaware $1 60 DC $250 Florida $1 339 Georgia $037 Hawai i $320 Idaho $057 I l l inois $1 98
Indiana $0995 Iowa $ 1 36 Kansas $079 Kentucky $060
STATE CIGARETTE EXCISE TAX RATES amp RANKINGS
Overal l All States Average $1 48 per pack
Major Tobacco States Average 485 cents per pack Other States Average $1 61 per pack
Rank State Tax Rank State
47th Louisiana $036 49th Oklahoma 1 1 th Maine $200 1 1 th Oregon 1 1 th Maryland $200 1 1 th Pennsylvania 30th Massachusetts $251 9th Rhode Island 33rd Michigan $200 1 1 th South Carolina 34th Minnesota $1 23 28th South Dakota 3rd Mississippi $068 37th Tennessee
2 1 st Missouri $0 1 7 5 1 st Texas 1 0th Montana $1 70 1 7th Utah 26th Nebraska $064 38th Vermont 48th Nevada $080 35th Virginia 4th New Hampshire $ 1 68 1 9th Washington
42nd New Jersey $270 6th West Virgin ia 1 6th New Mexico $1 66 20th Wisconsin
32nd New York $435 1 st Wyoming 25th North Carolina $045 45th Puerto Rico 36th North Dakota $044 46th G uam 40th Ohio $ 1 25 27th Northern Marianas
Tax stamp Includes 75cent health 1mpact fee
Tax Rank
$1 03 3 1 st $1 1 8 29th $1 60 2 1 st $350 2nd $057 42nd $ 1 53 23rd $062 39th $1 41 24th $1 70 1 7th $262 7th $0 30 50th
$3025 5th $055 44th $2 52 8th $060 40th $223 NA $300 NA $1 75 NA
Table shows al l cigarette tax rates in effect now Since 2002 47 states DC and several US territories have increased their cigarette tax rates more than 1 05 times The three states in bold type have not increased their cigarette tax since 1 999 or earlier Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $1 00 per pack or higher 14 states DC and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $4 00 per pack Tobacco states are KY VA NC SC GA and TN States average includes DC but not Puerto Rico other U S territories or local cigarette taxes The median tax rate is $1 34 per pack AK M l MN MS UT also have special taxes or fees on brands of manufacturers not participating in the state tobacco lawsuit settlements (NPMs)
The highest combined state-local tax rate is $585 in New York City with Chicago IL second at $566 per pack Other high state-local rates include Evanston IL at $548 and Anchorage AK at $4206 per pack For more on local cigarette taxes see httptobaccofreekids orgresearchfactsheetspdf0267 pdf
Federal cigarette tax is $1 01 per pack From the beginning of 1 998 through 2002 the m ajor cigarette companies increased the prices they charge by more than $1 25 per pack (but also instituted aggressive retail-level discounting for competitive pu rposes and to reduce related consumption declines) In January 2003 Philip Morris instituted a 65-cent per pack price cut for four of its major brands to replace its retail-level discounting and fight sales losses to discount brands and R J Reynolds followed suit In the last several years the major cigarette companies have increased their product prices by almost $ 1 00 per pack The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs total $1047 per pack sold and consumed in the US The average price for a pack of cigarettes nationwide is roughly $600 (including statewide sales taxes but not local cigarette or sales taxes other than NYCs $1 50 per pack cigarette tax) with considerable state-to-state differences because of d ifferent state tax rates and different manufacturer wholesaler and retailer pricing and discounting practices AK DE MT NH amp OR have no state retai l sales tax at al l OK has a state sales tax but does not apply it to cigarettes MN amp DC apply a per-pack sales tax at the wholesale level and AL GA amp MO (unl ike the rest of the states) do not apply their state sales tax to that portion of retai l cigarette prices that represents the states cigarette excise tax
Campaign for Tobacco-Free Kids December 13 2012 I Ann Boonn
For additional i nformation see the Cam paigns website at httplwwwtobaccofreekidsorgwhat we dostate localtaxes
Sources Orzechowski amp Walker Tax Burden on Tobacco 201 1 media reports state revenue department websites
middot Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change ih the actual excise tax rates just the way that the rates are listed
1 400 I Street NW - Suite 1 200 - Washington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
CAMPAIGN kJI TOigtAltpound0-fRpoundpound
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NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $156 CIGARETTE TAX INCREASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $ 1 048 per pack
Annual health care expend itures in North Dakota directly caused by tobacco use $247 m ill ion Smoking-caused state Med icaid program spending each year $47 m il lion
New Annual Revenue from Increasing the Cigarette Tax Rate by $156 Per Pack $4109 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate I nc rease
Percent decrease in youth smoking 240 Kids in North Dakota kept from becoming addicted adult smokers 9900 Current adult smokers in the state who would quit 800 Smoking-affected births avoided over next five years 1 500 North Dakota residents saved from premature smoking-caused death 5400 5-Year health care cost savings from fewer smoking-caused lung cancer cases $1 26 million
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $333 mill ion
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $233 mill ion
5-Year Medicaid program savings for the state $380000 Long-term health care cost savings in the state from adult amp youth smoking declines $35066 mil l ion
122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years wi l l similarly diminish or el iminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider al l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $2 00 per pack cigarette tax the states new OTP tax rate should be at least 60 of the wholesale price with m inimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoiciesltaxlus state local and httpllwwwacscanorqltobaccopoicy
For m ore on sources and calculations see httpllwwwtobaccofreekidsorglresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer A ction Network Melissa Maitin-Shepard
Explanations amp Notes Health care costs l isted at the top of the page are from the US Centers for Disease Control and P revention
Projections are based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the h igher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggl ing and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion http 1tobaccofreekids orgresearchfactsheetspdf027 4 pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate increase All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are l imited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also l imited because small tax increases are unl ikely to produce significant public health benefits
Ongoing red uctions in state smoking rates will over time gradually erode state cigarette tax revenues (in the absence of any new rate i ncreases) But those declines are more predictable and less volatile than many other state revenue sources such as state i ncome tax or corporate tax revenues (which can drop sharply during recessions) I n addition the smoking declines that reduce tobacco tax revenues will sim ultaneously produce m uch larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdfl0357 pdf
For more on sources and calculations see httpllwww tobaccofreekidsorqlresearchlfactsheetspdf0281 pdf
Needed State Efforts to Protect State Tobacco Tax Revenues Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qualifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on al l tobacco products to block tax evasion and promote tax equity No
H ig h-tech tax stamps to stop counterfeiting and other smuggl ing and tax evasion No
Retailers lose l icense if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
Testimony of Bill Shalhoob
Greater North Dakota Chamber of Commerce HB 1 3 87
January 29 20 1 3
Greater North Dakota Chamber
Mr Chairman and members of the committee My name is Bill Shalhoob and I am here today representing the Greater North Dakota Chamber of Commerce the champions for business in North Dakota GNDC is working to build the strongest business environment possible through its more than 1 1 00 business members as well as partnerships and coalitions with local chambers of commerce from across the state GNDC also represents the National Association of
Manufacturers and works closely with the US Chamber of Commerce As a group we stand in opposition to HB 1d urge a do not pass from your committee on the bill
nn GNDC has a long history of opposing excise taxes which we believe are onerous and unfair
We have a difficult time understanding this bill and the tax increase from 1 7 mills to 45 mills a
1 65 raise according to our math proposed in it North Dakota certainly does not need the
additional revenue that might come from this tax increase Our focus in this session is on tax decreases not increases If we are trying to do social engineering that is to discourage the practice the tax code is a poor place to do it If the goal is to eliminate smoking introduce a bil l prohibiting the sale or use of tobacco products in the state As witnessed by our experience with Minnesota increasing their cigarette tax with a health fee all we do is drive sales to a lower priced location by passing this bil l We see no acceptable reason to enact this tax
Thank you for the opportunity to appear before you today in opposition to HB 1 3 87 I would be happy to answer any questions
Champions Business
PO Box 2639 P 701middot222-0929 Bismarck NO 58502 F 701-222-1611
wwwndcharnbercorn
w - -I --------
North Dakota Retai l Association NO Petroleum Marketers Association
North Dakota Propane Gas Association
---- LEG S LAT VE BU LLET N Testimony- HB 1387
January 29 2013- House Finance and Tax Committee
Chairman Belter and Members of the House Finance and Tax Committee
We know any type of tax tends to put the squeeze on consumer spending potentially strain
household budgets and curb retail sales Which is exactly why the North Dakota Petroleum
Marketers Association and its 400 members from across the state are asking you to vote
NO on HB 1387
Passage of HB 1387 will burden North Dakotas lower Income Earners Cigarette
excise taxes are regressive in nature B ased on data from the Center for
Disease Control roughly 30 of adults in North Dakota who earn less than
$ 15000 are smokers whereas only 160 of adults who earn $50000 or
more are smokers Raising taxes will further unfairly burden low-income
earners
Passage of HB 1387 will harm the retail sector as well
Increasing the excise tax could hurt legitimate retailers when
adult smokers shift purchases to other outlets such as the internet This
would negatively affect North Dakota s 1 300 retailers
Even more pressing is the fear Passage of HB 1387 could increase illegal cigarette trafficking
An excise tax increase could provide incentives for smuggling and other
contraband activities resulting in lost revenues According to the Bureau of
1 02 5 North 3rd Street bull PO Box 1 9 5 6 bull Bismarck NO 58502 bull 701 -223-3370 bull Fax 7 0 1 -223-5004 Web Address ndretailorg bull ndpetroleumorg bull ndpropaneorg
Alcohol Tobacco Firearms and Explosives cigarette smuggling has
turned into a lucrative business for criminals who trade cigarettes and other
tobacco products on the black market Nationally its estimated $5 billion in
tax revenue annually is lost on the black market
For all of these reasons NDPMA is asking for a NO vote on HB 1387
Thank you for your time and consideration
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote
North Dakota Tobacco Prevention and Control Executive Comm ittee
Center for Tobacco Prevention and Control Policy 4023 State Street Suite 65 bull Bismarck N D 58503-0638
Phone 70 1 328 5 1 30 middot Fax 701 328 5 1 35 middot Tol l Free 1 877277 5090
Testimony House Bil l 1 387
1 0 00 am Jan uary 29 20 1 3 House F inance and Taxation Comm ittee
Good morning Chairman Belter and members of the House Finance and Tax Committee I am Jeanne Prom executive director of the N D Center for Tobacco Prevention and Control Policy
I ncreasing the tobacco tax sig nificantly wil l lead to a decrease in tobacco use in our state Tobacco use is the leading cause of preventable disease and death and the tol l of tobacco u se in North Dakota is hig h
bull An n ual health care costs in North Dakota directly caused by smoking $247 mil l ion bull Portion paid by the state Medicaid prog ram annually $47 mil l ion bull N u mber of North Dakota adu lts who will die from smoking this year 800 bull High school students who smoke 7 400 (1 94) bull Male hig h school students who use smokeless or spit tobacco 22 2 bull Kids u nder 1 8 who become new daily smokers each year 600
The North Dakota Tobacco Prevention and Control Advisory Committee in its plan Saving Lives - Saving Money North Dakota s Comprehensive State Plan to Prevent and Control Tobacco Use cal ls for a sig nificant increase in al l tobacco taxes - to $2pack - to keep kids from starting and prompt users to quit As you can see on the attachments North Dakotas tobacco tax is one of the lowest in the country at 44 centspack This tax hasnt been increased since 1 993 The low tax resu lts in inexpensive tobacco that is affordable to youth and populations with l imited incomes and high smoking rates High tobacco taxes work most effectively to cut use among lower-income smokers and young male smokeless tobacco users - two g roups that suffer disproportionately from the harms of tobacco use
Tobacco use and its health hazards are completely preventable Raising the tobacco tax to $2pack with a comparable tax amou nt on other tobacco products can be expected to
bull Decrease youth smoking by 24 bull Reduce the number of kids from becoming addicted adult smokers by 9 900 bull Reduce the n umber of adults in the state who smoke by 8 200 bull Save the state mil l ions of dol lars in smoking-related health care costs over j ust 5 years
Please consider H B 1 387 with amendments to i ncrease the tobacco tax to $2pack with a comparable tax increase on al l other tobacco products
Thank you for your time and consideration I am happy to respond to any questions
The To bacco i n N o rth Da kota Updated Dec 5 2012
The Tol l of Tobacco in North Dakota
High school students who 1 94 (7400)
smoke middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot
Male high school stuents who 222
S SrlkS r Pt
t
Kids (under 1 8) who become 600
-middot- -IY S- X
Kids exposed to secondhand 42000
smoke at home Packs of cigarettes bought or
1 9 m il l ion lt9 Y i
------ Xr
Adu lts in North Dakota who smoke
21 9 ( 1 1 6 600)
Due to changes in CDCs methodology the 20 1 1 adult smoking rate cannot be
compared to adult smoking data from previous years
US National Data (201 1 )
i- -ltl flin
rt
Male h igh school students who 1 28
use smokeless tobacco
- n9 1 g(
Deaths i n North Da kota from Sm oking
Adults who die each year from th
k 800
e1r own smo mg
Kids now under 1 8 and alive in North Dakota who will ultimately 1 1 000 die prematurely from smoking
Smoking kil ls more people than alcohol AIDS car crashes i l legal drugs murders and suiCides combined - and thousands more die from other tobacco-related
causes - such as fires caused by smoking (more than 1 000 deathsyear nationwidr d smokeless tobacco use
Sm oking-Caused Monetary Costs in North Dakota
Annual health care costs in North Dakota directly caused by$247 m i ll ion
ltn
Portion covered by the state $47 m il l ion
-ii P9--
Residents state amp federal tax burden from srnoking-caused $574 per house hold
V-nt Pn i_
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r
Smoking-caused productivity $ 1 92 m i l l ion
losses in North Dakota
Amounts do not include health costs caused by exposure to secondhand smoke smoking-caused fires smokeless tobacco use or cigar and pipe smoking Tobacco vse also imposes additional costs such as workplace productivity losses and damage to property
Tobacco Industry I nflue nce in North Dakota
Annual tobacco industry marketing expenditures nationwide
$85 bil l ion
Estimated portion spent for North Dakota marketing each $257 m il l ion
year
Published research studies have found that kids are twice as sensitive to tobacco advertising than adults and are more l ikely to be influenced to smoke by cigarette marketing than by peer pressure One-third of underage experimentation with smoking is attributable to tobacco company advertising
View sources of information
More detailed fact sheets on tobaccos toll in each state are avai lable by emailing factsheetstobaccofreekids org
CAMPAIGN middot ov
ToBA((o-fRpoundpound K ick
Guam $300 No Marianas Islands $1 75
MAP OF STATE CIGARETTE TAX RATES
Average State Cigarette Tax $1 48 per Pack
Average Cigarette Tax in M ajor Tobacco States 485 cents per Pack
Average Cigarette Tax in N on-Tobacco States $1 61 per Pack
TX $1 41
gt
$320 Puerto Rico $223
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate since 1 999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $ 1 00 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or h igher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages l i sted above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The major tobacco states with extensive tobacco farming and often cigarette manufacturin g are NC KY VA SC TN amp GA Federal cigarette tax is $1 01 per pack Not shown are the special taxes or fee s some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local g overnments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) N ew York City ($1 50) and Anchorage AK ($2206) The U S Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $ 1 047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn
For m o re information on state cigarette taxes and the benefits from increasing them see httpwwwtobaccofreekidsorgfacts issuesfact s h eetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1 400 I Street NW middot Suite 1 200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekid sorg
State Tax
Alabama $0425 Alaska $200 Arizona $200 Arkansas $1 1 5 California $087 Colorado $084 Connecticut $340 Delaware $1 60 DC $250 Florida $1 339 Georgia $037 Hawai i $320 Idaho $057 I l l inois $1 98
Indiana $0995 Iowa $ 1 36 Kansas $079 Kentucky $060
STATE CIGARETTE EXCISE TAX RATES amp RANKINGS
Overal l All States Average $1 48 per pack
Major Tobacco States Average 485 cents per pack Other States Average $1 61 per pack
Rank State Tax Rank State
47th Louisiana $036 49th Oklahoma 1 1 th Maine $200 1 1 th Oregon 1 1 th Maryland $200 1 1 th Pennsylvania 30th Massachusetts $251 9th Rhode Island 33rd Michigan $200 1 1 th South Carolina 34th Minnesota $1 23 28th South Dakota 3rd Mississippi $068 37th Tennessee
2 1 st Missouri $0 1 7 5 1 st Texas 1 0th Montana $1 70 1 7th Utah 26th Nebraska $064 38th Vermont 48th Nevada $080 35th Virginia 4th New Hampshire $ 1 68 1 9th Washington
42nd New Jersey $270 6th West Virgin ia 1 6th New Mexico $1 66 20th Wisconsin
32nd New York $435 1 st Wyoming 25th North Carolina $045 45th Puerto Rico 36th North Dakota $044 46th G uam 40th Ohio $ 1 25 27th Northern Marianas
Tax stamp Includes 75cent health 1mpact fee
Tax Rank
$1 03 3 1 st $1 1 8 29th $1 60 2 1 st $350 2nd $057 42nd $ 1 53 23rd $062 39th $1 41 24th $1 70 1 7th $262 7th $0 30 50th
$3025 5th $055 44th $2 52 8th $060 40th $223 NA $300 NA $1 75 NA
Table shows al l cigarette tax rates in effect now Since 2002 47 states DC and several US territories have increased their cigarette tax rates more than 1 05 times The three states in bold type have not increased their cigarette tax since 1 999 or earlier Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $1 00 per pack or higher 14 states DC and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $4 00 per pack Tobacco states are KY VA NC SC GA and TN States average includes DC but not Puerto Rico other U S territories or local cigarette taxes The median tax rate is $1 34 per pack AK M l MN MS UT also have special taxes or fees on brands of manufacturers not participating in the state tobacco lawsuit settlements (NPMs)
The highest combined state-local tax rate is $585 in New York City with Chicago IL second at $566 per pack Other high state-local rates include Evanston IL at $548 and Anchorage AK at $4206 per pack For more on local cigarette taxes see httptobaccofreekids orgresearchfactsheetspdf0267 pdf
Federal cigarette tax is $1 01 per pack From the beginning of 1 998 through 2002 the m ajor cigarette companies increased the prices they charge by more than $1 25 per pack (but also instituted aggressive retail-level discounting for competitive pu rposes and to reduce related consumption declines) In January 2003 Philip Morris instituted a 65-cent per pack price cut for four of its major brands to replace its retail-level discounting and fight sales losses to discount brands and R J Reynolds followed suit In the last several years the major cigarette companies have increased their product prices by almost $ 1 00 per pack The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs total $1047 per pack sold and consumed in the US The average price for a pack of cigarettes nationwide is roughly $600 (including statewide sales taxes but not local cigarette or sales taxes other than NYCs $1 50 per pack cigarette tax) with considerable state-to-state differences because of d ifferent state tax rates and different manufacturer wholesaler and retailer pricing and discounting practices AK DE MT NH amp OR have no state retai l sales tax at al l OK has a state sales tax but does not apply it to cigarettes MN amp DC apply a per-pack sales tax at the wholesale level and AL GA amp MO (unl ike the rest of the states) do not apply their state sales tax to that portion of retai l cigarette prices that represents the states cigarette excise tax
Campaign for Tobacco-Free Kids December 13 2012 I Ann Boonn
For additional i nformation see the Cam paigns website at httplwwwtobaccofreekidsorgwhat we dostate localtaxes
Sources Orzechowski amp Walker Tax Burden on Tobacco 201 1 media reports state revenue department websites
middot Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change ih the actual excise tax rates just the way that the rates are listed
1 400 I Street NW - Suite 1 200 - Washington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
CAMPAIGN kJI TOigtAltpound0-fRpoundpound
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NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $156 CIGARETTE TAX INCREASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $ 1 048 per pack
Annual health care expend itures in North Dakota directly caused by tobacco use $247 m ill ion Smoking-caused state Med icaid program spending each year $47 m il lion
New Annual Revenue from Increasing the Cigarette Tax Rate by $156 Per Pack $4109 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate I nc rease
Percent decrease in youth smoking 240 Kids in North Dakota kept from becoming addicted adult smokers 9900 Current adult smokers in the state who would quit 800 Smoking-affected births avoided over next five years 1 500 North Dakota residents saved from premature smoking-caused death 5400 5-Year health care cost savings from fewer smoking-caused lung cancer cases $1 26 million
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $333 mill ion
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $233 mill ion
5-Year Medicaid program savings for the state $380000 Long-term health care cost savings in the state from adult amp youth smoking declines $35066 mil l ion
122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years wi l l similarly diminish or el iminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider al l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $2 00 per pack cigarette tax the states new OTP tax rate should be at least 60 of the wholesale price with m inimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoiciesltaxlus state local and httpllwwwacscanorqltobaccopoicy
For m ore on sources and calculations see httpllwwwtobaccofreekidsorglresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer A ction Network Melissa Maitin-Shepard
Explanations amp Notes Health care costs l isted at the top of the page are from the US Centers for Disease Control and P revention
Projections are based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the h igher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggl ing and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion http 1tobaccofreekids orgresearchfactsheetspdf027 4 pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate increase All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are l imited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also l imited because small tax increases are unl ikely to produce significant public health benefits
Ongoing red uctions in state smoking rates will over time gradually erode state cigarette tax revenues (in the absence of any new rate i ncreases) But those declines are more predictable and less volatile than many other state revenue sources such as state i ncome tax or corporate tax revenues (which can drop sharply during recessions) I n addition the smoking declines that reduce tobacco tax revenues will sim ultaneously produce m uch larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdfl0357 pdf
For more on sources and calculations see httpllwww tobaccofreekidsorqlresearchlfactsheetspdf0281 pdf
Needed State Efforts to Protect State Tobacco Tax Revenues Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qualifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on al l tobacco products to block tax evasion and promote tax equity No
H ig h-tech tax stamps to stop counterfeiting and other smuggl ing and tax evasion No
Retailers lose l icense if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
Testimony of Bill Shalhoob
Greater North Dakota Chamber of Commerce HB 1 3 87
January 29 20 1 3
Greater North Dakota Chamber
Mr Chairman and members of the committee My name is Bill Shalhoob and I am here today representing the Greater North Dakota Chamber of Commerce the champions for business in North Dakota GNDC is working to build the strongest business environment possible through its more than 1 1 00 business members as well as partnerships and coalitions with local chambers of commerce from across the state GNDC also represents the National Association of
Manufacturers and works closely with the US Chamber of Commerce As a group we stand in opposition to HB 1d urge a do not pass from your committee on the bill
nn GNDC has a long history of opposing excise taxes which we believe are onerous and unfair
We have a difficult time understanding this bill and the tax increase from 1 7 mills to 45 mills a
1 65 raise according to our math proposed in it North Dakota certainly does not need the
additional revenue that might come from this tax increase Our focus in this session is on tax decreases not increases If we are trying to do social engineering that is to discourage the practice the tax code is a poor place to do it If the goal is to eliminate smoking introduce a bil l prohibiting the sale or use of tobacco products in the state As witnessed by our experience with Minnesota increasing their cigarette tax with a health fee all we do is drive sales to a lower priced location by passing this bil l We see no acceptable reason to enact this tax
Thank you for the opportunity to appear before you today in opposition to HB 1 3 87 I would be happy to answer any questions
Champions Business
PO Box 2639 P 701middot222-0929 Bismarck NO 58502 F 701-222-1611
wwwndcharnbercorn
w - -I --------
North Dakota Retai l Association NO Petroleum Marketers Association
North Dakota Propane Gas Association
---- LEG S LAT VE BU LLET N Testimony- HB 1387
January 29 2013- House Finance and Tax Committee
Chairman Belter and Members of the House Finance and Tax Committee
We know any type of tax tends to put the squeeze on consumer spending potentially strain
household budgets and curb retail sales Which is exactly why the North Dakota Petroleum
Marketers Association and its 400 members from across the state are asking you to vote
NO on HB 1387
Passage of HB 1387 will burden North Dakotas lower Income Earners Cigarette
excise taxes are regressive in nature B ased on data from the Center for
Disease Control roughly 30 of adults in North Dakota who earn less than
$ 15000 are smokers whereas only 160 of adults who earn $50000 or
more are smokers Raising taxes will further unfairly burden low-income
earners
Passage of HB 1387 will harm the retail sector as well
Increasing the excise tax could hurt legitimate retailers when
adult smokers shift purchases to other outlets such as the internet This
would negatively affect North Dakota s 1 300 retailers
Even more pressing is the fear Passage of HB 1387 could increase illegal cigarette trafficking
An excise tax increase could provide incentives for smuggling and other
contraband activities resulting in lost revenues According to the Bureau of
1 02 5 North 3rd Street bull PO Box 1 9 5 6 bull Bismarck NO 58502 bull 701 -223-3370 bull Fax 7 0 1 -223-5004 Web Address ndretailorg bull ndpetroleumorg bull ndpropaneorg
Alcohol Tobacco Firearms and Explosives cigarette smuggling has
turned into a lucrative business for criminals who trade cigarettes and other
tobacco products on the black market Nationally its estimated $5 billion in
tax revenue annually is lost on the black market
For all of these reasons NDPMA is asking for a NO vote on HB 1387
Thank you for your time and consideration
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote
The To bacco i n N o rth Da kota Updated Dec 5 2012
The Tol l of Tobacco in North Dakota
High school students who 1 94 (7400)
smoke middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot
Male high school stuents who 222
S SrlkS r Pt
t
Kids (under 1 8) who become 600
-middot- -IY S- X
Kids exposed to secondhand 42000
smoke at home Packs of cigarettes bought or
1 9 m il l ion lt9 Y i
------ Xr
Adu lts in North Dakota who smoke
21 9 ( 1 1 6 600)
Due to changes in CDCs methodology the 20 1 1 adult smoking rate cannot be
compared to adult smoking data from previous years
US National Data (201 1 )
i- -ltl flin
rt
Male h igh school students who 1 28
use smokeless tobacco
- n9 1 g(
Deaths i n North Da kota from Sm oking
Adults who die each year from th
k 800
e1r own smo mg
Kids now under 1 8 and alive in North Dakota who will ultimately 1 1 000 die prematurely from smoking
Smoking kil ls more people than alcohol AIDS car crashes i l legal drugs murders and suiCides combined - and thousands more die from other tobacco-related
causes - such as fires caused by smoking (more than 1 000 deathsyear nationwidr d smokeless tobacco use
Sm oking-Caused Monetary Costs in North Dakota
Annual health care costs in North Dakota directly caused by$247 m i ll ion
ltn
Portion covered by the state $47 m il l ion
-ii P9--
Residents state amp federal tax burden from srnoking-caused $574 per house hold
V-nt Pn i_
t
r
Smoking-caused productivity $ 1 92 m i l l ion
losses in North Dakota
Amounts do not include health costs caused by exposure to secondhand smoke smoking-caused fires smokeless tobacco use or cigar and pipe smoking Tobacco vse also imposes additional costs such as workplace productivity losses and damage to property
Tobacco Industry I nflue nce in North Dakota
Annual tobacco industry marketing expenditures nationwide
$85 bil l ion
Estimated portion spent for North Dakota marketing each $257 m il l ion
year
Published research studies have found that kids are twice as sensitive to tobacco advertising than adults and are more l ikely to be influenced to smoke by cigarette marketing than by peer pressure One-third of underage experimentation with smoking is attributable to tobacco company advertising
View sources of information
More detailed fact sheets on tobaccos toll in each state are avai lable by emailing factsheetstobaccofreekids org
CAMPAIGN middot ov
ToBA((o-fRpoundpound K ick
Guam $300 No Marianas Islands $1 75
MAP OF STATE CIGARETTE TAX RATES
Average State Cigarette Tax $1 48 per Pack
Average Cigarette Tax in M ajor Tobacco States 485 cents per Pack
Average Cigarette Tax in N on-Tobacco States $1 61 per Pack
TX $1 41
gt
$320 Puerto Rico $223
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate since 1 999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $ 1 00 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or h igher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages l i sted above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The major tobacco states with extensive tobacco farming and often cigarette manufacturin g are NC KY VA SC TN amp GA Federal cigarette tax is $1 01 per pack Not shown are the special taxes or fee s some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local g overnments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) N ew York City ($1 50) and Anchorage AK ($2206) The U S Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $ 1 047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn
For m o re information on state cigarette taxes and the benefits from increasing them see httpwwwtobaccofreekidsorgfacts issuesfact s h eetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1 400 I Street NW middot Suite 1 200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekid sorg
State Tax
Alabama $0425 Alaska $200 Arizona $200 Arkansas $1 1 5 California $087 Colorado $084 Connecticut $340 Delaware $1 60 DC $250 Florida $1 339 Georgia $037 Hawai i $320 Idaho $057 I l l inois $1 98
Indiana $0995 Iowa $ 1 36 Kansas $079 Kentucky $060
STATE CIGARETTE EXCISE TAX RATES amp RANKINGS
Overal l All States Average $1 48 per pack
Major Tobacco States Average 485 cents per pack Other States Average $1 61 per pack
Rank State Tax Rank State
47th Louisiana $036 49th Oklahoma 1 1 th Maine $200 1 1 th Oregon 1 1 th Maryland $200 1 1 th Pennsylvania 30th Massachusetts $251 9th Rhode Island 33rd Michigan $200 1 1 th South Carolina 34th Minnesota $1 23 28th South Dakota 3rd Mississippi $068 37th Tennessee
2 1 st Missouri $0 1 7 5 1 st Texas 1 0th Montana $1 70 1 7th Utah 26th Nebraska $064 38th Vermont 48th Nevada $080 35th Virginia 4th New Hampshire $ 1 68 1 9th Washington
42nd New Jersey $270 6th West Virgin ia 1 6th New Mexico $1 66 20th Wisconsin
32nd New York $435 1 st Wyoming 25th North Carolina $045 45th Puerto Rico 36th North Dakota $044 46th G uam 40th Ohio $ 1 25 27th Northern Marianas
Tax stamp Includes 75cent health 1mpact fee
Tax Rank
$1 03 3 1 st $1 1 8 29th $1 60 2 1 st $350 2nd $057 42nd $ 1 53 23rd $062 39th $1 41 24th $1 70 1 7th $262 7th $0 30 50th
$3025 5th $055 44th $2 52 8th $060 40th $223 NA $300 NA $1 75 NA
Table shows al l cigarette tax rates in effect now Since 2002 47 states DC and several US territories have increased their cigarette tax rates more than 1 05 times The three states in bold type have not increased their cigarette tax since 1 999 or earlier Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $1 00 per pack or higher 14 states DC and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $4 00 per pack Tobacco states are KY VA NC SC GA and TN States average includes DC but not Puerto Rico other U S territories or local cigarette taxes The median tax rate is $1 34 per pack AK M l MN MS UT also have special taxes or fees on brands of manufacturers not participating in the state tobacco lawsuit settlements (NPMs)
The highest combined state-local tax rate is $585 in New York City with Chicago IL second at $566 per pack Other high state-local rates include Evanston IL at $548 and Anchorage AK at $4206 per pack For more on local cigarette taxes see httptobaccofreekids orgresearchfactsheetspdf0267 pdf
Federal cigarette tax is $1 01 per pack From the beginning of 1 998 through 2002 the m ajor cigarette companies increased the prices they charge by more than $1 25 per pack (but also instituted aggressive retail-level discounting for competitive pu rposes and to reduce related consumption declines) In January 2003 Philip Morris instituted a 65-cent per pack price cut for four of its major brands to replace its retail-level discounting and fight sales losses to discount brands and R J Reynolds followed suit In the last several years the major cigarette companies have increased their product prices by almost $ 1 00 per pack The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs total $1047 per pack sold and consumed in the US The average price for a pack of cigarettes nationwide is roughly $600 (including statewide sales taxes but not local cigarette or sales taxes other than NYCs $1 50 per pack cigarette tax) with considerable state-to-state differences because of d ifferent state tax rates and different manufacturer wholesaler and retailer pricing and discounting practices AK DE MT NH amp OR have no state retai l sales tax at al l OK has a state sales tax but does not apply it to cigarettes MN amp DC apply a per-pack sales tax at the wholesale level and AL GA amp MO (unl ike the rest of the states) do not apply their state sales tax to that portion of retai l cigarette prices that represents the states cigarette excise tax
Campaign for Tobacco-Free Kids December 13 2012 I Ann Boonn
For additional i nformation see the Cam paigns website at httplwwwtobaccofreekidsorgwhat we dostate localtaxes
Sources Orzechowski amp Walker Tax Burden on Tobacco 201 1 media reports state revenue department websites
middot Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change ih the actual excise tax rates just the way that the rates are listed
1 400 I Street NW - Suite 1 200 - Washington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
CAMPAIGN kJI TOigtAltpound0-fRpoundpound
K ick
NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $156 CIGARETTE TAX INCREASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $ 1 048 per pack
Annual health care expend itures in North Dakota directly caused by tobacco use $247 m ill ion Smoking-caused state Med icaid program spending each year $47 m il lion
New Annual Revenue from Increasing the Cigarette Tax Rate by $156 Per Pack $4109 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate I nc rease
Percent decrease in youth smoking 240 Kids in North Dakota kept from becoming addicted adult smokers 9900 Current adult smokers in the state who would quit 800 Smoking-affected births avoided over next five years 1 500 North Dakota residents saved from premature smoking-caused death 5400 5-Year health care cost savings from fewer smoking-caused lung cancer cases $1 26 million
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $333 mill ion
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $233 mill ion
5-Year Medicaid program savings for the state $380000 Long-term health care cost savings in the state from adult amp youth smoking declines $35066 mil l ion
122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years wi l l similarly diminish or el iminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider al l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $2 00 per pack cigarette tax the states new OTP tax rate should be at least 60 of the wholesale price with m inimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoiciesltaxlus state local and httpllwwwacscanorqltobaccopoicy
For m ore on sources and calculations see httpllwwwtobaccofreekidsorglresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer A ction Network Melissa Maitin-Shepard
Explanations amp Notes Health care costs l isted at the top of the page are from the US Centers for Disease Control and P revention
Projections are based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the h igher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggl ing and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion http 1tobaccofreekids orgresearchfactsheetspdf027 4 pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate increase All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are l imited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also l imited because small tax increases are unl ikely to produce significant public health benefits
Ongoing red uctions in state smoking rates will over time gradually erode state cigarette tax revenues (in the absence of any new rate i ncreases) But those declines are more predictable and less volatile than many other state revenue sources such as state i ncome tax or corporate tax revenues (which can drop sharply during recessions) I n addition the smoking declines that reduce tobacco tax revenues will sim ultaneously produce m uch larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdfl0357 pdf
For more on sources and calculations see httpllwww tobaccofreekidsorqlresearchlfactsheetspdf0281 pdf
Needed State Efforts to Protect State Tobacco Tax Revenues Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qualifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on al l tobacco products to block tax evasion and promote tax equity No
H ig h-tech tax stamps to stop counterfeiting and other smuggl ing and tax evasion No
Retailers lose l icense if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
Testimony of Bill Shalhoob
Greater North Dakota Chamber of Commerce HB 1 3 87
January 29 20 1 3
Greater North Dakota Chamber
Mr Chairman and members of the committee My name is Bill Shalhoob and I am here today representing the Greater North Dakota Chamber of Commerce the champions for business in North Dakota GNDC is working to build the strongest business environment possible through its more than 1 1 00 business members as well as partnerships and coalitions with local chambers of commerce from across the state GNDC also represents the National Association of
Manufacturers and works closely with the US Chamber of Commerce As a group we stand in opposition to HB 1d urge a do not pass from your committee on the bill
nn GNDC has a long history of opposing excise taxes which we believe are onerous and unfair
We have a difficult time understanding this bill and the tax increase from 1 7 mills to 45 mills a
1 65 raise according to our math proposed in it North Dakota certainly does not need the
additional revenue that might come from this tax increase Our focus in this session is on tax decreases not increases If we are trying to do social engineering that is to discourage the practice the tax code is a poor place to do it If the goal is to eliminate smoking introduce a bil l prohibiting the sale or use of tobacco products in the state As witnessed by our experience with Minnesota increasing their cigarette tax with a health fee all we do is drive sales to a lower priced location by passing this bil l We see no acceptable reason to enact this tax
Thank you for the opportunity to appear before you today in opposition to HB 1 3 87 I would be happy to answer any questions
Champions Business
PO Box 2639 P 701middot222-0929 Bismarck NO 58502 F 701-222-1611
wwwndcharnbercorn
w - -I --------
North Dakota Retai l Association NO Petroleum Marketers Association
North Dakota Propane Gas Association
---- LEG S LAT VE BU LLET N Testimony- HB 1387
January 29 2013- House Finance and Tax Committee
Chairman Belter and Members of the House Finance and Tax Committee
We know any type of tax tends to put the squeeze on consumer spending potentially strain
household budgets and curb retail sales Which is exactly why the North Dakota Petroleum
Marketers Association and its 400 members from across the state are asking you to vote
NO on HB 1387
Passage of HB 1387 will burden North Dakotas lower Income Earners Cigarette
excise taxes are regressive in nature B ased on data from the Center for
Disease Control roughly 30 of adults in North Dakota who earn less than
$ 15000 are smokers whereas only 160 of adults who earn $50000 or
more are smokers Raising taxes will further unfairly burden low-income
earners
Passage of HB 1387 will harm the retail sector as well
Increasing the excise tax could hurt legitimate retailers when
adult smokers shift purchases to other outlets such as the internet This
would negatively affect North Dakota s 1 300 retailers
Even more pressing is the fear Passage of HB 1387 could increase illegal cigarette trafficking
An excise tax increase could provide incentives for smuggling and other
contraband activities resulting in lost revenues According to the Bureau of
1 02 5 North 3rd Street bull PO Box 1 9 5 6 bull Bismarck NO 58502 bull 701 -223-3370 bull Fax 7 0 1 -223-5004 Web Address ndretailorg bull ndpetroleumorg bull ndpropaneorg
Alcohol Tobacco Firearms and Explosives cigarette smuggling has
turned into a lucrative business for criminals who trade cigarettes and other
tobacco products on the black market Nationally its estimated $5 billion in
tax revenue annually is lost on the black market
For all of these reasons NDPMA is asking for a NO vote on HB 1387
Thank you for your time and consideration
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote
CAMPAIGN middot ov
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Guam $300 No Marianas Islands $1 75
MAP OF STATE CIGARETTE TAX RATES
Average State Cigarette Tax $1 48 per Pack
Average Cigarette Tax in M ajor Tobacco States 485 cents per Pack
Average Cigarette Tax in N on-Tobacco States $1 61 per Pack
TX $1 41
gt
$320 Puerto Rico $223
Map shows state cigarette tax rates in effect nowmiddot
The three states that have not increased their cigarette tax rate since 1 999 or earlier are marked in bold Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $ 1 00 per pack or higher 14 states DC Puerto Rico and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or h igher and one state (NY) has a cigarette tax rate more than $400 per pack The state averages l i sted above do not include Puerto Rico (with a population larger than those in 20 states) or any of the US territories (such as Guam) The major tobacco states with extensive tobacco farming and often cigarette manufacturin g are NC KY VA SC TN amp GA Federal cigarette tax is $1 01 per pack Not shown are the special taxes or fee s some states place on cigarettes made by Non-Participating Manufacturers (NPMs) the companies that have not joined the Master Settlement Agreement (MSA) between the states and the major cigarette companies Some local g overnments also have their own cigarette taxes such as Chicago (68cent) Cook County IL ($300) N ew York City ($1 50) and Anchorage AK ($2206) The U S Centers for Disease Control amp Prevention estimates that smoking-caused health costs and productivity losses total $ 1 047 per pack sold
Campaign for Tobacco-Free Kids December 5 2012 I Ann Boonn
For m o re information on state cigarette taxes and the benefits from increasing them see httpwwwtobaccofreekidsorgfacts issuesfact s h eetspoliciestaxus state local
Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change in the actual excise tax rates just the way that the rates are listed
1 400 I Street NW middot Suite 1 200 middotWashington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekid sorg
State Tax
Alabama $0425 Alaska $200 Arizona $200 Arkansas $1 1 5 California $087 Colorado $084 Connecticut $340 Delaware $1 60 DC $250 Florida $1 339 Georgia $037 Hawai i $320 Idaho $057 I l l inois $1 98
Indiana $0995 Iowa $ 1 36 Kansas $079 Kentucky $060
STATE CIGARETTE EXCISE TAX RATES amp RANKINGS
Overal l All States Average $1 48 per pack
Major Tobacco States Average 485 cents per pack Other States Average $1 61 per pack
Rank State Tax Rank State
47th Louisiana $036 49th Oklahoma 1 1 th Maine $200 1 1 th Oregon 1 1 th Maryland $200 1 1 th Pennsylvania 30th Massachusetts $251 9th Rhode Island 33rd Michigan $200 1 1 th South Carolina 34th Minnesota $1 23 28th South Dakota 3rd Mississippi $068 37th Tennessee
2 1 st Missouri $0 1 7 5 1 st Texas 1 0th Montana $1 70 1 7th Utah 26th Nebraska $064 38th Vermont 48th Nevada $080 35th Virginia 4th New Hampshire $ 1 68 1 9th Washington
42nd New Jersey $270 6th West Virgin ia 1 6th New Mexico $1 66 20th Wisconsin
32nd New York $435 1 st Wyoming 25th North Carolina $045 45th Puerto Rico 36th North Dakota $044 46th G uam 40th Ohio $ 1 25 27th Northern Marianas
Tax stamp Includes 75cent health 1mpact fee
Tax Rank
$1 03 3 1 st $1 1 8 29th $1 60 2 1 st $350 2nd $057 42nd $ 1 53 23rd $062 39th $1 41 24th $1 70 1 7th $262 7th $0 30 50th
$3025 5th $055 44th $2 52 8th $060 40th $223 NA $300 NA $1 75 NA
Table shows al l cigarette tax rates in effect now Since 2002 47 states DC and several US territories have increased their cigarette tax rates more than 1 05 times The three states in bold type have not increased their cigarette tax since 1 999 or earlier Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $1 00 per pack or higher 14 states DC and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $4 00 per pack Tobacco states are KY VA NC SC GA and TN States average includes DC but not Puerto Rico other U S territories or local cigarette taxes The median tax rate is $1 34 per pack AK M l MN MS UT also have special taxes or fees on brands of manufacturers not participating in the state tobacco lawsuit settlements (NPMs)
The highest combined state-local tax rate is $585 in New York City with Chicago IL second at $566 per pack Other high state-local rates include Evanston IL at $548 and Anchorage AK at $4206 per pack For more on local cigarette taxes see httptobaccofreekids orgresearchfactsheetspdf0267 pdf
Federal cigarette tax is $1 01 per pack From the beginning of 1 998 through 2002 the m ajor cigarette companies increased the prices they charge by more than $1 25 per pack (but also instituted aggressive retail-level discounting for competitive pu rposes and to reduce related consumption declines) In January 2003 Philip Morris instituted a 65-cent per pack price cut for four of its major brands to replace its retail-level discounting and fight sales losses to discount brands and R J Reynolds followed suit In the last several years the major cigarette companies have increased their product prices by almost $ 1 00 per pack The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs total $1047 per pack sold and consumed in the US The average price for a pack of cigarettes nationwide is roughly $600 (including statewide sales taxes but not local cigarette or sales taxes other than NYCs $1 50 per pack cigarette tax) with considerable state-to-state differences because of d ifferent state tax rates and different manufacturer wholesaler and retailer pricing and discounting practices AK DE MT NH amp OR have no state retai l sales tax at al l OK has a state sales tax but does not apply it to cigarettes MN amp DC apply a per-pack sales tax at the wholesale level and AL GA amp MO (unl ike the rest of the states) do not apply their state sales tax to that portion of retai l cigarette prices that represents the states cigarette excise tax
Campaign for Tobacco-Free Kids December 13 2012 I Ann Boonn
For additional i nformation see the Cam paigns website at httplwwwtobaccofreekidsorgwhat we dostate localtaxes
Sources Orzechowski amp Walker Tax Burden on Tobacco 201 1 media reports state revenue department websites
middot Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change ih the actual excise tax rates just the way that the rates are listed
1 400 I Street NW - Suite 1 200 - Washington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
CAMPAIGN kJI TOigtAltpound0-fRpoundpound
K ick
NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $156 CIGARETTE TAX INCREASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $ 1 048 per pack
Annual health care expend itures in North Dakota directly caused by tobacco use $247 m ill ion Smoking-caused state Med icaid program spending each year $47 m il lion
New Annual Revenue from Increasing the Cigarette Tax Rate by $156 Per Pack $4109 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate I nc rease
Percent decrease in youth smoking 240 Kids in North Dakota kept from becoming addicted adult smokers 9900 Current adult smokers in the state who would quit 800 Smoking-affected births avoided over next five years 1 500 North Dakota residents saved from premature smoking-caused death 5400 5-Year health care cost savings from fewer smoking-caused lung cancer cases $1 26 million
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $333 mill ion
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $233 mill ion
5-Year Medicaid program savings for the state $380000 Long-term health care cost savings in the state from adult amp youth smoking declines $35066 mil l ion
122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years wi l l similarly diminish or el iminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider al l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $2 00 per pack cigarette tax the states new OTP tax rate should be at least 60 of the wholesale price with m inimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoiciesltaxlus state local and httpllwwwacscanorqltobaccopoicy
For m ore on sources and calculations see httpllwwwtobaccofreekidsorglresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer A ction Network Melissa Maitin-Shepard
Explanations amp Notes Health care costs l isted at the top of the page are from the US Centers for Disease Control and P revention
Projections are based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the h igher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggl ing and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion http 1tobaccofreekids orgresearchfactsheetspdf027 4 pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate increase All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are l imited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also l imited because small tax increases are unl ikely to produce significant public health benefits
Ongoing red uctions in state smoking rates will over time gradually erode state cigarette tax revenues (in the absence of any new rate i ncreases) But those declines are more predictable and less volatile than many other state revenue sources such as state i ncome tax or corporate tax revenues (which can drop sharply during recessions) I n addition the smoking declines that reduce tobacco tax revenues will sim ultaneously produce m uch larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdfl0357 pdf
For more on sources and calculations see httpllwww tobaccofreekidsorqlresearchlfactsheetspdf0281 pdf
Needed State Efforts to Protect State Tobacco Tax Revenues Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qualifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on al l tobacco products to block tax evasion and promote tax equity No
H ig h-tech tax stamps to stop counterfeiting and other smuggl ing and tax evasion No
Retailers lose l icense if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
Testimony of Bill Shalhoob
Greater North Dakota Chamber of Commerce HB 1 3 87
January 29 20 1 3
Greater North Dakota Chamber
Mr Chairman and members of the committee My name is Bill Shalhoob and I am here today representing the Greater North Dakota Chamber of Commerce the champions for business in North Dakota GNDC is working to build the strongest business environment possible through its more than 1 1 00 business members as well as partnerships and coalitions with local chambers of commerce from across the state GNDC also represents the National Association of
Manufacturers and works closely with the US Chamber of Commerce As a group we stand in opposition to HB 1d urge a do not pass from your committee on the bill
nn GNDC has a long history of opposing excise taxes which we believe are onerous and unfair
We have a difficult time understanding this bill and the tax increase from 1 7 mills to 45 mills a
1 65 raise according to our math proposed in it North Dakota certainly does not need the
additional revenue that might come from this tax increase Our focus in this session is on tax decreases not increases If we are trying to do social engineering that is to discourage the practice the tax code is a poor place to do it If the goal is to eliminate smoking introduce a bil l prohibiting the sale or use of tobacco products in the state As witnessed by our experience with Minnesota increasing their cigarette tax with a health fee all we do is drive sales to a lower priced location by passing this bil l We see no acceptable reason to enact this tax
Thank you for the opportunity to appear before you today in opposition to HB 1 3 87 I would be happy to answer any questions
Champions Business
PO Box 2639 P 701middot222-0929 Bismarck NO 58502 F 701-222-1611
wwwndcharnbercorn
w - -I --------
North Dakota Retai l Association NO Petroleum Marketers Association
North Dakota Propane Gas Association
---- LEG S LAT VE BU LLET N Testimony- HB 1387
January 29 2013- House Finance and Tax Committee
Chairman Belter and Members of the House Finance and Tax Committee
We know any type of tax tends to put the squeeze on consumer spending potentially strain
household budgets and curb retail sales Which is exactly why the North Dakota Petroleum
Marketers Association and its 400 members from across the state are asking you to vote
NO on HB 1387
Passage of HB 1387 will burden North Dakotas lower Income Earners Cigarette
excise taxes are regressive in nature B ased on data from the Center for
Disease Control roughly 30 of adults in North Dakota who earn less than
$ 15000 are smokers whereas only 160 of adults who earn $50000 or
more are smokers Raising taxes will further unfairly burden low-income
earners
Passage of HB 1387 will harm the retail sector as well
Increasing the excise tax could hurt legitimate retailers when
adult smokers shift purchases to other outlets such as the internet This
would negatively affect North Dakota s 1 300 retailers
Even more pressing is the fear Passage of HB 1387 could increase illegal cigarette trafficking
An excise tax increase could provide incentives for smuggling and other
contraband activities resulting in lost revenues According to the Bureau of
1 02 5 North 3rd Street bull PO Box 1 9 5 6 bull Bismarck NO 58502 bull 701 -223-3370 bull Fax 7 0 1 -223-5004 Web Address ndretailorg bull ndpetroleumorg bull ndpropaneorg
Alcohol Tobacco Firearms and Explosives cigarette smuggling has
turned into a lucrative business for criminals who trade cigarettes and other
tobacco products on the black market Nationally its estimated $5 billion in
tax revenue annually is lost on the black market
For all of these reasons NDPMA is asking for a NO vote on HB 1387
Thank you for your time and consideration
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote
State Tax
Alabama $0425 Alaska $200 Arizona $200 Arkansas $1 1 5 California $087 Colorado $084 Connecticut $340 Delaware $1 60 DC $250 Florida $1 339 Georgia $037 Hawai i $320 Idaho $057 I l l inois $1 98
Indiana $0995 Iowa $ 1 36 Kansas $079 Kentucky $060
STATE CIGARETTE EXCISE TAX RATES amp RANKINGS
Overal l All States Average $1 48 per pack
Major Tobacco States Average 485 cents per pack Other States Average $1 61 per pack
Rank State Tax Rank State
47th Louisiana $036 49th Oklahoma 1 1 th Maine $200 1 1 th Oregon 1 1 th Maryland $200 1 1 th Pennsylvania 30th Massachusetts $251 9th Rhode Island 33rd Michigan $200 1 1 th South Carolina 34th Minnesota $1 23 28th South Dakota 3rd Mississippi $068 37th Tennessee
2 1 st Missouri $0 1 7 5 1 st Texas 1 0th Montana $1 70 1 7th Utah 26th Nebraska $064 38th Vermont 48th Nevada $080 35th Virginia 4th New Hampshire $ 1 68 1 9th Washington
42nd New Jersey $270 6th West Virgin ia 1 6th New Mexico $1 66 20th Wisconsin
32nd New York $435 1 st Wyoming 25th North Carolina $045 45th Puerto Rico 36th North Dakota $044 46th G uam 40th Ohio $ 1 25 27th Northern Marianas
Tax stamp Includes 75cent health 1mpact fee
Tax Rank
$1 03 3 1 st $1 1 8 29th $1 60 2 1 st $350 2nd $057 42nd $ 1 53 23rd $062 39th $1 41 24th $1 70 1 7th $262 7th $0 30 50th
$3025 5th $055 44th $2 52 8th $060 40th $223 NA $300 NA $1 75 NA
Table shows al l cigarette tax rates in effect now Since 2002 47 states DC and several US territories have increased their cigarette tax rates more than 1 05 times The three states in bold type have not increased their cigarette tax since 1 999 or earlier Currently 30 states DC Puerto Rico the Northern Marianas and Guam have cigarette tax rates of $1 00 per pack or higher 14 states DC and Guam have cigarette tax rates of $200 per pack or higher five states and Guam have cigarette tax rates of $300 per pack or higher and one state (NY) has a cigarette tax rate more than $4 00 per pack Tobacco states are KY VA NC SC GA and TN States average includes DC but not Puerto Rico other U S territories or local cigarette taxes The median tax rate is $1 34 per pack AK M l MN MS UT also have special taxes or fees on brands of manufacturers not participating in the state tobacco lawsuit settlements (NPMs)
The highest combined state-local tax rate is $585 in New York City with Chicago IL second at $566 per pack Other high state-local rates include Evanston IL at $548 and Anchorage AK at $4206 per pack For more on local cigarette taxes see httptobaccofreekids orgresearchfactsheetspdf0267 pdf
Federal cigarette tax is $1 01 per pack From the beginning of 1 998 through 2002 the m ajor cigarette companies increased the prices they charge by more than $1 25 per pack (but also instituted aggressive retail-level discounting for competitive pu rposes and to reduce related consumption declines) In January 2003 Philip Morris instituted a 65-cent per pack price cut for four of its major brands to replace its retail-level discounting and fight sales losses to discount brands and R J Reynolds followed suit In the last several years the major cigarette companies have increased their product prices by almost $ 1 00 per pack The US Centers for Disease Control amp Prevention estimates that smoking-caused health costs total $1047 per pack sold and consumed in the US The average price for a pack of cigarettes nationwide is roughly $600 (including statewide sales taxes but not local cigarette or sales taxes other than NYCs $1 50 per pack cigarette tax) with considerable state-to-state differences because of d ifferent state tax rates and different manufacturer wholesaler and retailer pricing and discounting practices AK DE MT NH amp OR have no state retai l sales tax at al l OK has a state sales tax but does not apply it to cigarettes MN amp DC apply a per-pack sales tax at the wholesale level and AL GA amp MO (unl ike the rest of the states) do not apply their state sales tax to that portion of retai l cigarette prices that represents the states cigarette excise tax
Campaign for Tobacco-Free Kids December 13 2012 I Ann Boonn
For additional i nformation see the Cam paigns website at httplwwwtobaccofreekidsorgwhat we dostate localtaxes
Sources Orzechowski amp Walker Tax Burden on Tobacco 201 1 media reports state revenue department websites
middot Previous versions of this factsheet listed cigarette tax rates for Washington DC and Minnesota that included the per-pack cigarette sales tax rates that are collected at the wholesale level with the excise tax Now the listed tax rates are purely the excise tax portion exclusive of the sales tax This is not a change ih the actual excise tax rates just the way that the rates are listed
1 400 I Street NW - Suite 1 200 - Washington DC 20005 Phone (202) 296-5469 middot Fax (202) 296-5427 middot wwwtobaccofreekidsorg
CAMPAIGN kJI TOigtAltpound0-fRpoundpound
K ick
NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $156 CIGARETTE TAX INCREASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $ 1 048 per pack
Annual health care expend itures in North Dakota directly caused by tobacco use $247 m ill ion Smoking-caused state Med icaid program spending each year $47 m il lion
New Annual Revenue from Increasing the Cigarette Tax Rate by $156 Per Pack $4109 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate I nc rease
Percent decrease in youth smoking 240 Kids in North Dakota kept from becoming addicted adult smokers 9900 Current adult smokers in the state who would quit 800 Smoking-affected births avoided over next five years 1 500 North Dakota residents saved from premature smoking-caused death 5400 5-Year health care cost savings from fewer smoking-caused lung cancer cases $1 26 million
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $333 mill ion
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $233 mill ion
5-Year Medicaid program savings for the state $380000 Long-term health care cost savings in the state from adult amp youth smoking declines $35066 mil l ion
122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years wi l l similarly diminish or el iminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider al l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $2 00 per pack cigarette tax the states new OTP tax rate should be at least 60 of the wholesale price with m inimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoiciesltaxlus state local and httpllwwwacscanorqltobaccopoicy
For m ore on sources and calculations see httpllwwwtobaccofreekidsorglresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer A ction Network Melissa Maitin-Shepard
Explanations amp Notes Health care costs l isted at the top of the page are from the US Centers for Disease Control and P revention
Projections are based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the h igher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggl ing and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion http 1tobaccofreekids orgresearchfactsheetspdf027 4 pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate increase All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are l imited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also l imited because small tax increases are unl ikely to produce significant public health benefits
Ongoing red uctions in state smoking rates will over time gradually erode state cigarette tax revenues (in the absence of any new rate i ncreases) But those declines are more predictable and less volatile than many other state revenue sources such as state i ncome tax or corporate tax revenues (which can drop sharply during recessions) I n addition the smoking declines that reduce tobacco tax revenues will sim ultaneously produce m uch larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdfl0357 pdf
For more on sources and calculations see httpllwww tobaccofreekidsorqlresearchlfactsheetspdf0281 pdf
Needed State Efforts to Protect State Tobacco Tax Revenues Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qualifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on al l tobacco products to block tax evasion and promote tax equity No
H ig h-tech tax stamps to stop counterfeiting and other smuggl ing and tax evasion No
Retailers lose l icense if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
Testimony of Bill Shalhoob
Greater North Dakota Chamber of Commerce HB 1 3 87
January 29 20 1 3
Greater North Dakota Chamber
Mr Chairman and members of the committee My name is Bill Shalhoob and I am here today representing the Greater North Dakota Chamber of Commerce the champions for business in North Dakota GNDC is working to build the strongest business environment possible through its more than 1 1 00 business members as well as partnerships and coalitions with local chambers of commerce from across the state GNDC also represents the National Association of
Manufacturers and works closely with the US Chamber of Commerce As a group we stand in opposition to HB 1d urge a do not pass from your committee on the bill
nn GNDC has a long history of opposing excise taxes which we believe are onerous and unfair
We have a difficult time understanding this bill and the tax increase from 1 7 mills to 45 mills a
1 65 raise according to our math proposed in it North Dakota certainly does not need the
additional revenue that might come from this tax increase Our focus in this session is on tax decreases not increases If we are trying to do social engineering that is to discourage the practice the tax code is a poor place to do it If the goal is to eliminate smoking introduce a bil l prohibiting the sale or use of tobacco products in the state As witnessed by our experience with Minnesota increasing their cigarette tax with a health fee all we do is drive sales to a lower priced location by passing this bil l We see no acceptable reason to enact this tax
Thank you for the opportunity to appear before you today in opposition to HB 1 3 87 I would be happy to answer any questions
Champions Business
PO Box 2639 P 701middot222-0929 Bismarck NO 58502 F 701-222-1611
wwwndcharnbercorn
w - -I --------
North Dakota Retai l Association NO Petroleum Marketers Association
North Dakota Propane Gas Association
---- LEG S LAT VE BU LLET N Testimony- HB 1387
January 29 2013- House Finance and Tax Committee
Chairman Belter and Members of the House Finance and Tax Committee
We know any type of tax tends to put the squeeze on consumer spending potentially strain
household budgets and curb retail sales Which is exactly why the North Dakota Petroleum
Marketers Association and its 400 members from across the state are asking you to vote
NO on HB 1387
Passage of HB 1387 will burden North Dakotas lower Income Earners Cigarette
excise taxes are regressive in nature B ased on data from the Center for
Disease Control roughly 30 of adults in North Dakota who earn less than
$ 15000 are smokers whereas only 160 of adults who earn $50000 or
more are smokers Raising taxes will further unfairly burden low-income
earners
Passage of HB 1387 will harm the retail sector as well
Increasing the excise tax could hurt legitimate retailers when
adult smokers shift purchases to other outlets such as the internet This
would negatively affect North Dakota s 1 300 retailers
Even more pressing is the fear Passage of HB 1387 could increase illegal cigarette trafficking
An excise tax increase could provide incentives for smuggling and other
contraband activities resulting in lost revenues According to the Bureau of
1 02 5 North 3rd Street bull PO Box 1 9 5 6 bull Bismarck NO 58502 bull 701 -223-3370 bull Fax 7 0 1 -223-5004 Web Address ndretailorg bull ndpetroleumorg bull ndpropaneorg
Alcohol Tobacco Firearms and Explosives cigarette smuggling has
turned into a lucrative business for criminals who trade cigarettes and other
tobacco products on the black market Nationally its estimated $5 billion in
tax revenue annually is lost on the black market
For all of these reasons NDPMA is asking for a NO vote on HB 1387
Thank you for your time and consideration
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote
CAMPAIGN kJI TOigtAltpound0-fRpoundpound
K ick
NEW REVENUES PUBLIC HEALTH BENEFITS amp COST SAVINGS FROM A $156 CIGARETTE TAX INCREASE IN NORTH DAKOTA
Current state cigarette tax 44 cents per pack (46th among all states and DC) Smoking-caused health care costs in North Dakota $ 1 048 per pack
Annual health care expend itures in North Dakota directly caused by tobacco use $247 m ill ion Smoking-caused state Med icaid program spending each year $47 m il lion
New Annual Revenue from Increasing the Cigarette Tax Rate by $156 Per Pack $4109 million New Annual Revenue is the amount of additional new revenue over the first full year after the effective date The state will collect less new revenue if it fails to apply the rate increase to all cigarettes and other tobacco products held in wholesaler and retailer inventories on the effective date
Projected Public Health Benefits from the Cigarette Tax Rate I nc rease
Percent decrease in youth smoking 240 Kids in North Dakota kept from becoming addicted adult smokers 9900 Current adult smokers in the state who would quit 800 Smoking-affected births avoided over next five years 1 500 North Dakota residents saved from premature smoking-caused death 5400 5-Year health care cost savings from fewer smoking-caused lung cancer cases $1 26 million
5-Year health care cost savings from fewer smoking-affected pregnancies amp births $333 mill ion
5-Year health care cost savings from fewer smoking-caused heart attacks amp strokes $233 mill ion
5-Year Medicaid program savings for the state $380000 Long-term health care cost savings in the state from adult amp youth smoking declines $35066 mil l ion
122112 TFK I January 8 2013
bull Small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts coupons and other promotional discounting Splitting a tax rate increase into separate smaller increases in successive years wi l l similarly diminish or el iminate the public health benefits and related cost savings (as well as reduce the amount of new revenues)
bull Raising state tax rates on other tobacco products (OTPs) to parallel the increased cigarette tax rate will bring the state more revenue public health benefits and cost savings (and promote tax equity) With u nequal rates the state loses revenue each time a cigarette smoker switches to cigars roll-your-own tobacco or smokeless tobacco products It is important to consider al l aspects of state tax policy related to OTPs (including the new generation of smokeless tobacco products) including tax definitions minimum pack sizes tax rates and whether the rates are based on price or weight in order to ensure that they are adequately taxed to protect public health To parallel the new $2 00 per pack cigarette tax the states new OTP tax rate should be at least 60 of the wholesale price with m inimum tax rates for each major OTP category l inked to the state cigarette tax rate on a per-package or per-dose basis
More information available at httpwwwtobaccofreekidsorgfacts issuesfact sheetslpoiciesltaxlus state local and httpllwwwacscanorqltobaccopoicy
For m ore on sources and calculations see httpllwwwtobaccofreekidsorglresearchlfactsheetslpdf0281pdf
Campaign for Tobacco-Free Kids Ann Boonn
American Cancer Society Cancer A ction Network Melissa Maitin-Shepard
Explanations amp Notes Health care costs l isted at the top of the page are from the US Centers for Disease Control and P revention
Projections are based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the h igher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggl ing and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion http 1tobaccofreekids orgresearchfactsheetspdf027 4 pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate increase All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are l imited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also l imited because small tax increases are unl ikely to produce significant public health benefits
Ongoing red uctions in state smoking rates will over time gradually erode state cigarette tax revenues (in the absence of any new rate i ncreases) But those declines are more predictable and less volatile than many other state revenue sources such as state i ncome tax or corporate tax revenues (which can drop sharply during recessions) I n addition the smoking declines that reduce tobacco tax revenues will sim ultaneously produce m uch larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdfl0357 pdf
For more on sources and calculations see httpllwww tobaccofreekidsorqlresearchlfactsheetspdf0281 pdf
Needed State Efforts to Protect State Tobacco Tax Revenues Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qualifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on al l tobacco products to block tax evasion and promote tax equity No
H ig h-tech tax stamps to stop counterfeiting and other smuggl ing and tax evasion No
Retailers lose l icense if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
Testimony of Bill Shalhoob
Greater North Dakota Chamber of Commerce HB 1 3 87
January 29 20 1 3
Greater North Dakota Chamber
Mr Chairman and members of the committee My name is Bill Shalhoob and I am here today representing the Greater North Dakota Chamber of Commerce the champions for business in North Dakota GNDC is working to build the strongest business environment possible through its more than 1 1 00 business members as well as partnerships and coalitions with local chambers of commerce from across the state GNDC also represents the National Association of
Manufacturers and works closely with the US Chamber of Commerce As a group we stand in opposition to HB 1d urge a do not pass from your committee on the bill
nn GNDC has a long history of opposing excise taxes which we believe are onerous and unfair
We have a difficult time understanding this bill and the tax increase from 1 7 mills to 45 mills a
1 65 raise according to our math proposed in it North Dakota certainly does not need the
additional revenue that might come from this tax increase Our focus in this session is on tax decreases not increases If we are trying to do social engineering that is to discourage the practice the tax code is a poor place to do it If the goal is to eliminate smoking introduce a bil l prohibiting the sale or use of tobacco products in the state As witnessed by our experience with Minnesota increasing their cigarette tax with a health fee all we do is drive sales to a lower priced location by passing this bil l We see no acceptable reason to enact this tax
Thank you for the opportunity to appear before you today in opposition to HB 1 3 87 I would be happy to answer any questions
Champions Business
PO Box 2639 P 701middot222-0929 Bismarck NO 58502 F 701-222-1611
wwwndcharnbercorn
w - -I --------
North Dakota Retai l Association NO Petroleum Marketers Association
North Dakota Propane Gas Association
---- LEG S LAT VE BU LLET N Testimony- HB 1387
January 29 2013- House Finance and Tax Committee
Chairman Belter and Members of the House Finance and Tax Committee
We know any type of tax tends to put the squeeze on consumer spending potentially strain
household budgets and curb retail sales Which is exactly why the North Dakota Petroleum
Marketers Association and its 400 members from across the state are asking you to vote
NO on HB 1387
Passage of HB 1387 will burden North Dakotas lower Income Earners Cigarette
excise taxes are regressive in nature B ased on data from the Center for
Disease Control roughly 30 of adults in North Dakota who earn less than
$ 15000 are smokers whereas only 160 of adults who earn $50000 or
more are smokers Raising taxes will further unfairly burden low-income
earners
Passage of HB 1387 will harm the retail sector as well
Increasing the excise tax could hurt legitimate retailers when
adult smokers shift purchases to other outlets such as the internet This
would negatively affect North Dakota s 1 300 retailers
Even more pressing is the fear Passage of HB 1387 could increase illegal cigarette trafficking
An excise tax increase could provide incentives for smuggling and other
contraband activities resulting in lost revenues According to the Bureau of
1 02 5 North 3rd Street bull PO Box 1 9 5 6 bull Bismarck NO 58502 bull 701 -223-3370 bull Fax 7 0 1 -223-5004 Web Address ndretailorg bull ndpetroleumorg bull ndpropaneorg
Alcohol Tobacco Firearms and Explosives cigarette smuggling has
turned into a lucrative business for criminals who trade cigarettes and other
tobacco products on the black market Nationally its estimated $5 billion in
tax revenue annually is lost on the black market
For all of these reasons NDPMA is asking for a NO vote on HB 1387
Thank you for your time and consideration
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote
Explanations amp Notes Health care costs l isted at the top of the page are from the US Centers for Disease Control and P revention
Projections are based on research findings that each 1 0 cigarette price increase reduces youth smoking by 65 adult rates by 2 and total consumption by about 4 (adjusted down to account for tax evasion effects) Revenues still increase because the h igher tax rate per pack will bring in more new revenue than is lost from the tax-related drop in total pack sales
The projections incorporate the effect of both ongoing background smoking declines and the continued impact of the 61 66-cent federal cigarette tax increase (effective April 1 2009) on prices smoking levels and pack sales
These projections are fiscally conservative because they include a generous adjustment for lost state pack sales (and lower net new revenues) from possible new smuggl ing and tax evasion after the rate increase and from fewer sales to smokers or smugglers from other states For ways that the state can protect and increase its tobacco tax revenues and prevent and reduce contraband trafficking and other tobacco tax evasion see the Campaign for Tobacco-Free Kids factsheet State Options to Prevent and Reduce Cigarette Smuggling and to Block Other Illegal State Tobacco Tax Evasion http 1tobaccofreekids orgresearchfactsheetspdf027 4 pdf
Kids stopped from smoking and dying are from all youth ages 1 7 and under alive today Long-term cost savings accrue over the lifetimes of persons who stop smoking or never start because of the tax rate increase All cost savings are in 20 1 3 dollars
Projections for cigarette tax increases much higher than $1 00 per pack are l imited especially for states with relatively low current tax rates because of the lack of research on the effects of larger cigarette tax increase amounts on consumption and prevalence Projections for cigarette tax increases much lower than $ 1 00 per pack are also l imited because small tax increases are unl ikely to produce significant public health benefits
Ongoing red uctions in state smoking rates will over time gradually erode state cigarette tax revenues (in the absence of any new rate i ncreases) But those declines are more predictable and less volatile than many other state revenue sources such as state i ncome tax or corporate tax revenues (which can drop sharply during recessions) I n addition the smoking declines that reduce tobacco tax revenues will sim ultaneously produce m uch larger reductions in government and private sector smoking-caused costs See the Campaign for Tobacco-Free Kids factsheet Tobacco Tax Increases are a Reliable Source of Substantial New State Revenue httptobaccofreekidsorgresearchfactsheetspdf0303pdf
For other ways states can increase revenues (and promote public health) other than just raising its cigarette tax see the Campaign factsheet The Many Ways States Can Raise Revenue While Also Reducing Tobacco Use and Its Many Harms amp Costs httptobaccofreekidsorgresearchfactsheetspdfl0357 pdf
For more on sources and calculations see httpllwww tobaccofreekidsorqlresearchlfactsheetspdf0281 pdf
Needed State Efforts to Protect State Tobacco Tax Revenues Having each of the following measures in place will maintain and increase state tobacco tax revenues by closing loopholes blocking contraband trafficking and preventing tax evasion
State tax rate on RYO cigarettes equals the state tax rate on regular cigarettes Yes
State tax rates on other tobacco products match the state cigarette tax rate Yes
State definitions of cigarette block cigarettes from wrongfully qualifying as cigars No
State definitions of tobacco product reach all tobacco products No
Min imum taxes on al l tobacco products to block tax evasion and promote tax equity No
H ig h-tech tax stamps to stop counterfeiting and other smuggl ing and tax evasion No
Retailers lose l icense if convicted of contraband trafficking Yes
Street sales and mobile sales of cigarettes and other tobacco products prohibited No
Non-Tobacco nicotine products without FDA approval banned No
Testimony of Bill Shalhoob
Greater North Dakota Chamber of Commerce HB 1 3 87
January 29 20 1 3
Greater North Dakota Chamber
Mr Chairman and members of the committee My name is Bill Shalhoob and I am here today representing the Greater North Dakota Chamber of Commerce the champions for business in North Dakota GNDC is working to build the strongest business environment possible through its more than 1 1 00 business members as well as partnerships and coalitions with local chambers of commerce from across the state GNDC also represents the National Association of
Manufacturers and works closely with the US Chamber of Commerce As a group we stand in opposition to HB 1d urge a do not pass from your committee on the bill
nn GNDC has a long history of opposing excise taxes which we believe are onerous and unfair
We have a difficult time understanding this bill and the tax increase from 1 7 mills to 45 mills a
1 65 raise according to our math proposed in it North Dakota certainly does not need the
additional revenue that might come from this tax increase Our focus in this session is on tax decreases not increases If we are trying to do social engineering that is to discourage the practice the tax code is a poor place to do it If the goal is to eliminate smoking introduce a bil l prohibiting the sale or use of tobacco products in the state As witnessed by our experience with Minnesota increasing their cigarette tax with a health fee all we do is drive sales to a lower priced location by passing this bil l We see no acceptable reason to enact this tax
Thank you for the opportunity to appear before you today in opposition to HB 1 3 87 I would be happy to answer any questions
Champions Business
PO Box 2639 P 701middot222-0929 Bismarck NO 58502 F 701-222-1611
wwwndcharnbercorn
w - -I --------
North Dakota Retai l Association NO Petroleum Marketers Association
North Dakota Propane Gas Association
---- LEG S LAT VE BU LLET N Testimony- HB 1387
January 29 2013- House Finance and Tax Committee
Chairman Belter and Members of the House Finance and Tax Committee
We know any type of tax tends to put the squeeze on consumer spending potentially strain
household budgets and curb retail sales Which is exactly why the North Dakota Petroleum
Marketers Association and its 400 members from across the state are asking you to vote
NO on HB 1387
Passage of HB 1387 will burden North Dakotas lower Income Earners Cigarette
excise taxes are regressive in nature B ased on data from the Center for
Disease Control roughly 30 of adults in North Dakota who earn less than
$ 15000 are smokers whereas only 160 of adults who earn $50000 or
more are smokers Raising taxes will further unfairly burden low-income
earners
Passage of HB 1387 will harm the retail sector as well
Increasing the excise tax could hurt legitimate retailers when
adult smokers shift purchases to other outlets such as the internet This
would negatively affect North Dakota s 1 300 retailers
Even more pressing is the fear Passage of HB 1387 could increase illegal cigarette trafficking
An excise tax increase could provide incentives for smuggling and other
contraband activities resulting in lost revenues According to the Bureau of
1 02 5 North 3rd Street bull PO Box 1 9 5 6 bull Bismarck NO 58502 bull 701 -223-3370 bull Fax 7 0 1 -223-5004 Web Address ndretailorg bull ndpetroleumorg bull ndpropaneorg
Alcohol Tobacco Firearms and Explosives cigarette smuggling has
turned into a lucrative business for criminals who trade cigarettes and other
tobacco products on the black market Nationally its estimated $5 billion in
tax revenue annually is lost on the black market
For all of these reasons NDPMA is asking for a NO vote on HB 1387
Thank you for your time and consideration
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote
Testimony of Bill Shalhoob
Greater North Dakota Chamber of Commerce HB 1 3 87
January 29 20 1 3
Greater North Dakota Chamber
Mr Chairman and members of the committee My name is Bill Shalhoob and I am here today representing the Greater North Dakota Chamber of Commerce the champions for business in North Dakota GNDC is working to build the strongest business environment possible through its more than 1 1 00 business members as well as partnerships and coalitions with local chambers of commerce from across the state GNDC also represents the National Association of
Manufacturers and works closely with the US Chamber of Commerce As a group we stand in opposition to HB 1d urge a do not pass from your committee on the bill
nn GNDC has a long history of opposing excise taxes which we believe are onerous and unfair
We have a difficult time understanding this bill and the tax increase from 1 7 mills to 45 mills a
1 65 raise according to our math proposed in it North Dakota certainly does not need the
additional revenue that might come from this tax increase Our focus in this session is on tax decreases not increases If we are trying to do social engineering that is to discourage the practice the tax code is a poor place to do it If the goal is to eliminate smoking introduce a bil l prohibiting the sale or use of tobacco products in the state As witnessed by our experience with Minnesota increasing their cigarette tax with a health fee all we do is drive sales to a lower priced location by passing this bil l We see no acceptable reason to enact this tax
Thank you for the opportunity to appear before you today in opposition to HB 1 3 87 I would be happy to answer any questions
Champions Business
PO Box 2639 P 701middot222-0929 Bismarck NO 58502 F 701-222-1611
wwwndcharnbercorn
w - -I --------
North Dakota Retai l Association NO Petroleum Marketers Association
North Dakota Propane Gas Association
---- LEG S LAT VE BU LLET N Testimony- HB 1387
January 29 2013- House Finance and Tax Committee
Chairman Belter and Members of the House Finance and Tax Committee
We know any type of tax tends to put the squeeze on consumer spending potentially strain
household budgets and curb retail sales Which is exactly why the North Dakota Petroleum
Marketers Association and its 400 members from across the state are asking you to vote
NO on HB 1387
Passage of HB 1387 will burden North Dakotas lower Income Earners Cigarette
excise taxes are regressive in nature B ased on data from the Center for
Disease Control roughly 30 of adults in North Dakota who earn less than
$ 15000 are smokers whereas only 160 of adults who earn $50000 or
more are smokers Raising taxes will further unfairly burden low-income
earners
Passage of HB 1387 will harm the retail sector as well
Increasing the excise tax could hurt legitimate retailers when
adult smokers shift purchases to other outlets such as the internet This
would negatively affect North Dakota s 1 300 retailers
Even more pressing is the fear Passage of HB 1387 could increase illegal cigarette trafficking
An excise tax increase could provide incentives for smuggling and other
contraband activities resulting in lost revenues According to the Bureau of
1 02 5 North 3rd Street bull PO Box 1 9 5 6 bull Bismarck NO 58502 bull 701 -223-3370 bull Fax 7 0 1 -223-5004 Web Address ndretailorg bull ndpetroleumorg bull ndpropaneorg
Alcohol Tobacco Firearms and Explosives cigarette smuggling has
turned into a lucrative business for criminals who trade cigarettes and other
tobacco products on the black market Nationally its estimated $5 billion in
tax revenue annually is lost on the black market
For all of these reasons NDPMA is asking for a NO vote on HB 1387
Thank you for your time and consideration
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote
w - -I --------
North Dakota Retai l Association NO Petroleum Marketers Association
North Dakota Propane Gas Association
---- LEG S LAT VE BU LLET N Testimony- HB 1387
January 29 2013- House Finance and Tax Committee
Chairman Belter and Members of the House Finance and Tax Committee
We know any type of tax tends to put the squeeze on consumer spending potentially strain
household budgets and curb retail sales Which is exactly why the North Dakota Petroleum
Marketers Association and its 400 members from across the state are asking you to vote
NO on HB 1387
Passage of HB 1387 will burden North Dakotas lower Income Earners Cigarette
excise taxes are regressive in nature B ased on data from the Center for
Disease Control roughly 30 of adults in North Dakota who earn less than
$ 15000 are smokers whereas only 160 of adults who earn $50000 or
more are smokers Raising taxes will further unfairly burden low-income
earners
Passage of HB 1387 will harm the retail sector as well
Increasing the excise tax could hurt legitimate retailers when
adult smokers shift purchases to other outlets such as the internet This
would negatively affect North Dakota s 1 300 retailers
Even more pressing is the fear Passage of HB 1387 could increase illegal cigarette trafficking
An excise tax increase could provide incentives for smuggling and other
contraband activities resulting in lost revenues According to the Bureau of
1 02 5 North 3rd Street bull PO Box 1 9 5 6 bull Bismarck NO 58502 bull 701 -223-3370 bull Fax 7 0 1 -223-5004 Web Address ndretailorg bull ndpetroleumorg bull ndpropaneorg
Alcohol Tobacco Firearms and Explosives cigarette smuggling has
turned into a lucrative business for criminals who trade cigarettes and other
tobacco products on the black market Nationally its estimated $5 billion in
tax revenue annually is lost on the black market
For all of these reasons NDPMA is asking for a NO vote on HB 1387
Thank you for your time and consideration
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote
Alcohol Tobacco Firearms and Explosives cigarette smuggling has
turned into a lucrative business for criminals who trade cigarettes and other
tobacco products on the black market Nationally its estimated $5 billion in
tax revenue annually is lost on the black market
For all of these reasons NDPMA is asking for a NO vote on HB 1387
Thank you for your time and consideration
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote
Cigarette Tax B u rd e n s Low-Inco me Doesnt Deter Smoki ng
lara Salahi ABC News Thu 20 Sep 2 0 1 2
4 0 6 words
H i g her ciga rette taxes may be fi n a ncial ly h u rting low - i n come smokers rather than m a k i n g them more l i kely to q u it accord ing to a new survey by resea rchers at RTI I nternatio nal
The s u rvey w h ich looked at more than 1 3 000 people l iv ing i n N ew York state fou nd t h a t lower-i ncome smokers i n the state spent nea rly a q u a rter of their household i ncome on ciga rettes com pa red with an average 2 percent s pent by wea lthier New York smo kers
The natio n a l average spent by lower- i ncome smokers - those with a household i n co m e u nd e r $ 2 5000 -was 1 4 percent acco rd i n g to the study pu blished Th u rsday i n PloS O N E
New York carries a considerably h ig her excise t a x t h a n other states - $ 4 3 5 p e r pack co m pa re d w ith the national avera g e of $ 1 46 per pack
But even with t h e h i g her taxes the state has not seen a decline i n lower- i n co m e s m o ke rs over the last d ecade a ccord i n g to RTI a non-profit research g r o u p that received fu n d i n g from the New York State Department of Hea lth for the s u rvey
E xcise taxes a re effective in cha n g i n g smokers behavior Matthew Fa rrel ly chief scientist a n d s e n ior d i rector of RTIs pu bl ic hea lth pol icy resea rch progra m and stud y a uthor sa id i n a statement But not a l l smokers a re a ble t o q u it a nd low - i ncone smokers a re d isproportionately b u rdened b y t hese taxes
H owever p revious stud ies have shown that h ig her taxes have cu rbed smoki n g Accord i n g to Dr John S pa n g ler p rofessor of fa m i ly a nd com m u n ity med icine at Wake Forest Ba ptist Med i c a l Center the success the excise tax has had in red ucing a n d e l im inating smoking in some areas is enou g h to keep the prog ra m g o i n g
M o re e m phasis s h o u ld b e p laced on what ha ppens t o t h e tax money he sa id
W hat m ust be done in the name for fairness is to use the excessive taxation w h ic h the poor pay to help them stop s m o k i ng said Spa n g ler
The h i g h cost of med ications or other smoking cessation tools is one of the g reatest barriers of q u itting for those who a re t h i n k ing a bout it said Spang ler Spangler suggested that the tax m o n ey cou ld be used to d istri bute low-cost or free s m o k i ng cessation med icatio n or to a m p up tobacco-prevention prog ra ms in lower i ncome neig h borhoods he sa id
The resea rc h e rs a g reed saying that the mo ney spent should filter back i nto the lowe r- i ncome com m u n ity
Ded icati ng some of the revenue from ciga rette excise taxes for ta rgeted progra m s that help low-income smo kers q u it may help a l leviate the regressivity of ciga rette excise taxes the a u th o rs wrote